*Update: The Rent control Act of 2009 has been extended until December 31, 2015, according to a press release from the Senate of The Philippines.
As a follow up to my previous post about Republic Act (RA) No. 9653, also known as the Rent Control Act of 2009, I am posting here a full text copy of the rent control law in its entirety as reference for everyone.
Salient provisions of RA 9653 can be found in my previous post which highlights the exemption of rent-to-own agreements from the new rent control law and you may access it here. I look forward to the release of the Implementing Rules and Regulations (IRR) of RA 9653 and once the rent control act IRR becomes available, I’ll surely post it here as well.
Full text of RA 9653:
S. No. 1963
H. No. 6098Republic of the Philippines
Congress of the Philippines
Metro Manila
Fourteenth Congress
Second Regular SessionBegun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand eight.
Republic Act No. 9653
AN ACT ESTABLISHING REFORMS IN THE REGULATION OF RENT OF CERTAIN RESIDENTIAL UNITS, PROVIDING THE MECHANISMS THEREFOR AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. – This Act shall be known and cited as the “Rent Control Act of 2009.“
SEC. 2. Declaration of Policy. – The State shall, for the common good, undertake a continuing program of encouraging the development of affordable housing for the lower income brackets and other beneficiaries.
Toward this end, the State shall continue to protect housing tenants in the lower income brackets and other beneficiaries from unreasonable rent increases.
SEC. 3. Definition of Terms. – The following terms as used in this Act shall be understood as:
(a) “Rent” shall mean the amount paid for the use or occupancy of a residential unit whether payment is made on a monthly or other basis.
(b) “Residential unit” shall refer to an apartment, house and/or land on which another’s dwelling is located and used for residential purposes and shall include not only buildings, part or units thereof used solely as dwelling places, boarding houses, dormitories, rooms and bedspaces offered for rent by their owners, except motels, motel rooms, hotels, hotel rooms, but also those used for home industries, retail stores or other business purposes if the owner thereof and his or her family actually live therein and use it principally for dwelling purposes.
(c) “Immediate members of family of the lessee or lessor” for purposes of repossessing the leased premises, shall be limited to his or her spouse, direct descendants or ascendants, by consanguinity or affinity.
(d) “Lessee” shall mean the person renting a residential unit.
(e) “Owner/Lessor” shall include the owner or administrator or agent of the owner of the residential unit.
(f) “Sublessor” shall mean the person who leases or rents out a residential unit leased to him by an owner.
(g) “Sublessee” shall mean the person who leases or rents out a residential unit from a sublessor.
SEC. 4. Limit on Increases in Rent. – For a period of one (1) year from its effectivity, no increase shall be imposed upon the rent of any residential unit covered by this Act: Provided, that after such period until December 31, 2013, the rent of any residential unit covered by this Act shall not be increased by more than seven (7%) annually as long as the unit is occupied by the same lessee: Provided, further, That when the residential unit becomes vacant, the lessor may set the initial rent for the next lessee: Provided, however, That in the case of boarding houses, dormitories, rooms and bedspaces offered for rent to students, no increase in rental more than once per year shall be allowed.
SEC. 5. Coverage of this Act. – All residential units in the National Capital Region and other highly urbanized cities, the total monthly rent for each of which ranges from One peso (P1.00) to Ten thousand pesos (P10,000.00) and all residential units in all other areas, the total monthly rent for each of which ranges from One peso (P1.00) to Five thousand pesos (P5,000.00) as of the effectivity date of this Act shall be covered, without prejudice to existing contracts.
SEC. 6. Authority to Continue Rental Regulation. – Notwithstanding the lapse of the period provided in Section 4 of this Act, the Housing and Urban Development Coordinating Council (HUDCC) is hereby granted the authority to continue the regulation of the rental of certain residential units, to determine the period of regulation and its subsequent extensions if warranted, to determine the residential units covered and to adjust the allowable limit on rental increases per annum, taking into consideration, among others, National Statistics Office (NSO) census on rental units, prevailing rental rates, the monthly inflation rate on rentals of the immediately preceding year, and rental price index.
SEC. 7. Rent and Requirement of Bank Deposit. – Rent shall be paid in advance within the first five (5) days of every current month or the beginning of the lease agreement unless the contract of lease provides for a later date of payment. The lessor cannot demand more than one (1) month advance rent. Neither can he/she demand more than two (2) months deposit which shall be kept in a bank under the lessor’s account name during the entire duration of the lease agreement. Any and all interest that shall accrue therein shall be returned to the lessee at the expiration of the lease contract. In the event however, that the lessee fails to settle rent, electric, telephone, water or such other utility bills or destroys any house components and accessories, the deposits and interests therein shall be forfeited in favor of the latter in the amount commensurate to the pecuniary damage done by the former.
SEC. 8. Assignment of Lease or Subleasing. – Assignment of lease or subleasing of the whole or any portion of the residential unit, including the acceptance of boarders or bedspacers, without the written consent of the owner/lessor is prohibited.
SEC. 9. Grounds for Judicial Ejectment. – Ejectment shall be allowed on the following grounds:
(a) Assignment of lease or subleasing of residential units in whole or in part, including the acceptance of boarders or bedspacers, without the written consent of the owner/lessor;
(b) Arrears in payment of rent for a total of three (3) months: Provided, That in the case of refusal by the lessor to accept payment of the rent agreed upon, the lessee may either deposit, by way of consignation, the amount in court, or with the city or municipal treasurer, as the case may be, or barangay chairman, or in a bank in the name of and with notice to the lessor, within one (1) month after the refusal of the lessor to accept payment. The lessee shall thereafter deposit the rent within ten (10) days of every current month. Failure to deposit the rent for three (3) months shall constitute a ground for ejectment. The lessor, upon authority of the court in case of consignation or upon joint affidavit by him and the lessee to be submitted to the city or municipal treasurer or barangay chairman and to the bank where deposit was made, shall be allowed to withdraw the deposits;
(c) Legitimate need of the owner/lessor to repossess his or her property for his or her own use or for the use of any immediate member of his or her family as a residential unit: Provided, however, That the lease for a definite period has expired: Provided, further, that the lessor has given the lessee the formal notice three (3) months in advance of the lessor’s intention to repossess the property and: Provided, finally, that the owner/lessor is prohibited from leasing the residential unit or allowing its use by a third party for a period of at least (1) year from the time of repossession;
(d) Need of the lessor to make necessary repairs of the leased premises which is the subject of an existing order of condemnation by appropriate authorities concerned in order to make the said premises safe and habitable: Provided, That after said repair, the lessee ejected shall have the first preference to lease the same premises: Provided, however, That the new rent shall be reasonably commensurate with the expenses incurred for the repair of the said residential unit and: Provided, finally, That if the residential unit is condemned or completely demolished,
the lease of the new building will no longer be subject to the aforementioned first preference rule in this subsection; and(e) Expiration of the period of the lease contract.
SEC. 10. Prohibition Against Ejectment by Reason of Sale or Mortgage. – No lessor or his successor-in-interest shall be entitled to eject the lessee upon the ground that the leased premises have been sold or mortgaged to a third person regardless of whether the lease or mortgage is registered or not.
SEC. 11. Rent-to-Own Scheme. – At the option of the lessor, he or she may engage the lessee in a written rent-to-own agreement that will result in the transfer of ownership of the particular dwelling in favor of the latter. Such an agreement shall be exempt from the coverage of Section 5 of this Act.
SEC. 12. Application of the Civil Code and Rules of Court of the Philippines. – Except when the lease is for a definite period, the provision of paragraph (1) of Article 1673 of the Civil Code of the Philippines, insofar as they refer to residential units covered by this Act, shall be suspended during the effectivity of this Act, but other provisions of the Civil Code and the Rules of Court on lease contracts, insofar as they are not in conflict with the provisions of this Act shall apply.
SEC. 13. Penalties. – A fine of not less than Twenty-five thousand pesos (P25,000.00) nor more than Fifty thousand pesos (P50,000.00) or imprisonment of not less than one (1) month and one (1) day to not more than six (6) months or both shall be imposed on any person, natural or juridical, found guilty of violating any provision of this Act.
SEC. 14. Information Drive. – The Department of the Interior and Local Government and the HUDCC, in coordination with other concerned agencies, are hereby mandated to conduct a continuing information drive about the provisions of this Act, which shall be translated and be made available in major regional dialects and shall be posted in conspicuous public places, including barangay halls.
SEC. 15. Review of the Rental Regulation – The HUDCC is hereby mandated to conduct every three (3) years from the effectivity of this Act a review of its implementation and a study on rental regulation, and submit to Congress its recommendation on whether a continuing regulation is still necessary or deregulation is already warranted.
SEC. 16. Program to Cushion Impact in the Event of a Regulation-Free Rental Housing Market – The HUDCC and its attached agencies are hereby mandated to formulate and implement a two (2) year transition program which will provide for safety measures to cushion the impact in the event of a regulation-free housing market.
SEC. 17. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.
SEC. 18. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.
SEC. 19. Effectivity Clause. – This Act shall take effect beginning fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation.
Approved,
PROSPERO C. NOGRALES JUAN PONCE ENRILE
Speaker of the House President of the Senate
of RepresentativesThis Act which is a consolidation of Senate Bill No. 3163 and House Bill No. 6098 was finally passed by the Senate and the House of Representatives on May 27, 2009 and May 26, 2009, respectively.
MARILYN B. BARUA-YAP EMMA LIRIO-REYES
Secretary General Secretary of the Senate
House of RepresentativesApproved: JUL 14 2009
GLORIA MACAPAGAL ARROYO
President of the Republic of the Philippines
A full text copy of RA 9653 in PDF format is also available. Click here to download a full text copy of the Rent Control Act of 2009. (Source: http://www.hudcc.gov.ph)
—–
To our financial freedom!
Jay Castillo
Real Estate Investor
Real Estate Broker License #: 20056
Blog: https://www.foreclosurephilippines.com
Social Network: http://foreclosurephilippines.ning.com
Mobile: +639178843882
E-mail: ph.investor@gmail.com
Text by Jay Castillo.Copyright © 2009 All rights reserved.
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Hi good evening, I badly need your help, i hope you can give me an advice. Kasi nagrent po ako na may 1 year contract. Nakastate po sa contract na ang 1 month deposit and 1 month security deposit ay non-refundable kng hindi matatapos ang 1 year. But wala pong nkasulat don na ‘non-consumable’. Ngayon po nagpaalam ako sa kanila na iko-consume ko yong 1 month advance and 1 month deposit, at snabi ko n ang one month security deposit ay saka ko na kukunin after ng stay ko or after madeduct yong mga bills ko. But ang sabi lang sa akin na since hindi ko matapos yong 1 year contract ay hindi ko rin daw maconsume yong 1 month deposit…ano po ang dapat kong gawin dito? Makatarungan ba talaga to?
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good am mr castillo, I would like to ask if my situation can pursue to a trial court with a high chance to fight for it. I have a contact for 2 years in a 1 unit commercial building costing 10,000 per month. however, my business started at september 22,2010 because the Unit is still under construction from the month of May, June July and early weeks of august… we started the business at september 22,2010 but the lessee wants to less my cash advance for the month of august, i diddn’t refused and i also agreed. they start lessing my 50,000 cash advance from august 22, 2010 to december 22, 2010.. I started to pay in cash basis from january 22, 2011 – April, 2011. After that i failed to pay the following wich is May 22. since that day they are harrasain us to leave the place,because we don’t have any deposit and the 50,000 already consumed. but the problem is the keep insisting that if we leave, our payables left will be cost 20,000 pesos. I believe, I only did not pay from may 22 so this coming june 22, 2011, my payble will only cost for 10,000 pesos. and when we are on the barangay,she is now adding my payables,
from the month of May, June, july of 2010 (the months that we start to construct the place , because we help her to finished the unit thats why I have 50,000 cash advance)
and
demanding for 20,000 pesos… 2 months delay for the month of April22 to May 22 and May,22 to june 22 OF 2011..
if you review from the above statement, from the agreed month, august 22 – december 22 of 2010 they terminated my 50,000 pesos…
thats why i gave her 10,000 cash monthly starts from january 22 up to aprill 22. I only failed to pay on may 22. Mr. castilo what can u say about my situation? thanks
sorry i stand correcte, i am the leasee and the owner is the lessor.. ^ ^
I hope that you can help us out. We are renting a house at Paranaque for p10,000 since 2009. The contract was for a year but had not renewed. We were asked to give 2 mos advance and 1 mo deposit. The 1 month then, I found out was for commission to those who referred the house to us. But last year, we were not able to pay so we consumed the 1 mo. 2 weeks ago, I was texted by lessor that we have to find another house for the reason that we have many dogs and she said I ddn’t inform her. I told her, right at the time I inquired this house, I already informed her I have dogs, and she said it’s ok. Now, after almost 3 years, she will reason out this. Besides, she said her son will also use this for personal reasons. My business is a canteen right before this subd and it will be very difficult for me to also transfer as we have no house helper and will spend another 2 mos adv and 1 mo deposit. That is very expensive as I am only earning from this canteen. And if the dogs as 1 of the reason, there is no prohibition on the law about this. I am paying in time and has 1 mo deposit unconsumed. So if there are anything destroyed, that can be offset from the deposit. How can we also restrict them from getting another tenant, as per law, they are not supposed to lease within the year upon vacancy. I know that the lessor is just giving alibis so she can increase rent once we vacate and get another series of advances should there be new tenant here. How can I get legal protection also? We are also looking for a house, but definitely not too soon as I have to save for another series of deposits. I cannot get such amount too soon.
Please help us out.
Thanks.Suzette
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just like to ask, who is responsible for the repairs of the apartment , is it the tenant or the owner? coz our units and three others already need a repair, one of the tenant already raised the concern to our landlady , and she said that the tenants should shoulder all repairs and if she will be shouldering the repair then the tenants should vacate the unit and she will just look for another tenant. need your help about this.
thank you.
Good Day! We are looking for some legal advice or articles with regards to the Rent Control Law then suddenly end up here in your page, and i was to admit that your post is really helpful. Just got an idea about my rights as a Lessee or Renter. This is how the story goes, we are renting an apartment somewhere here in Parañaque for almost 4 yrs. and to be honest, of course there are times that we were not able to pay the bills or the house rent on the exact due date, but of course we are asking for their kind consideration about that matters and promise to pay the bills before a month. Yesterday we just got a notice from the owner saying that we have to find another house to move-in to and the reason behind this was because of the late payment, they are forcing us to move-out on their premise within 15 days, and of course for being a simple person who’s earning is just hundred above the minimum rate, it will be very difficult for us to have enough money to pay for the new house that we will be renting, and its true! its none of their business anymore, but as far as i believe they should give us atleast 3months before forcing us to move-out from their premise. Now, the real deal is. . . i am not quite sure if this apartment is really registered or licensed? they dont even have a fire exit and fire extinguisher and when its past 12am the gate is already locked! they dont even giving us a duplicate key so in short, when its 12am we were all a prisoners on the said premise, but i heard rumors that they are just prioritizing tenants who are able to pay bills in advance or on time. Im thinking to ask for some legal advice on what should we do and to know our rights as a renter as well, from our Barangay or City Hall, but here in Parañaque this family is well known, they do have influences, connection to big people (specially in CITY HALL) that’s why im a thinking twice to do a step because of this. Hope you can gimme a helpful advice with regards to this matter and what should i do to fight for my rights. Hoping for you immediate response Mr. Jay Castillo.
Hello po….
patulong naman po.
Ganito po kasi yung nangyari…
Nag rent kami ng Bhouz ng kapatid ko, kaming dalwa sa isang kwarto. P2,400 per month then nag pa 1 month deposit ang may ari.
Ang bhouz po actually is sobrang init kasi walang ventilation, tas may bakery pa ng may-ari directly sa baba plus maiingay pa ang mga workers nya so basically di namin nagustuhan ang place sa 1st month kaya ng plan kaming umalis at lumipat.
Nagpaalam naman po kami na lilipat at sabi ng may – ari, ibibigay daw yung deposit pag umalis daw kami.
Ngayon po eto po ang naging problema, ayaw po ibigay ang deposit ng may ari ngayong wala na kami dun kasi lumipat na kami sa ibang boarding house.
Ang sabi po ng may -ari, wala daw syang ibibigay kasi more than one instance daw nakitulog at nakiligo ang friend ng kapatid ko sa bhouse / kwarto namin.
Tulong naman po…parang sobrang laki naman ng P2,400 para lang dun.
We need advice po kasi 1st time po naman nag boarding house.
Salamat po sa pag reply… or please paki email po ako sa crimsondawn24@gmail.com
Hello po may karapatan po ba ang MAY ARI na kuhanin o pasukin ang inuupahan ko at nag inventory sila ng MAY ARI AT TAUHAN ng barangay na wala ako. Ang isinulat lang niya ay iilan lang ang marami na tulad ng mga gamit sa parlor lahat ay ni wala kahit isa. kasi po noon una libre daw ang kabila doon ko daw ilagay ang gamit din noon di ako nag agree sa gusto niya na sa kanya pangalan ilagay sa business permit eh noon di ako pumayag doon na po siningil na niya ako at di ko ngah makuha ang gamit kasi noong una 12k lang utang ko din noong nagkita kami ulit sa barangay naging 30k na. Din sinabi ko bakit yon lang nakasulat sabi niya wala akong mga gamit eh nakita po ng mga kapitbahay at yong naging cutomer ko sa parlor sila po nagpapatunay. At pababayaran niya sa akin ang 30k pero kung ano lang sinulat nya ay yon lang makuha ko. Hindi naman tama yon magbayad ako ng 30k tapos ang ibang gamit lalo na ang pagkakitaan ko na pangparlor ay hindi niya ibigay.
Pinasok po niya ang inuupahan ko na wala ako at pinadlock na walang pasabi man lang. Ano po ang maikakaso ko sa kanya kung sakali magdemanda ako at may laban po ba ako sa gagawin kung pagsampa. Please i need help.
Hello po may karapatan po ba na kuhanin o pasukin ang inuupahan ko at nag inventory ssila ng barangay na wala ako. Ang isinulat lang niya ay iilan lang ang marami na tulad ng mga gamit sa parlor lahat ay ni wala kahit isa. kasi po noon una libre daw ang kabila doon ko daw ilagay ang gamit din noon di ako nag agree sa gusto niya na sa kanya pangalan ilagay sa business permit eh noon di ako pumayag doon na po siningil na niya ako at di ko ngah makuha ang gamit kasi noong una 12k lang utang ko din noong nagkita kami ulit sa barangay naging 30k na. Din sinabi ko bakit yon lang nakasulat sabi niya wala akong mga gamit eh nakita po ng mga kapitbahay at yong naging cutomer ko sa parlor sila po nagpapatunay. At pababayaran niya sa akin ang 30k pero kung ano lang sinulat nya ay yon lang makuha ko. Hindi naman tama yon magbayad ako ng 30k tapos ang ibang gamit lalo na ang pagkakitaan ko na pangparlor ay hindi niya ibigay.
Pinasok po niya ang inuupahan ko na wala ako at pinadlock na walang pasabi man lang. Ano po ang maikakaso ko sa kanya kung sakali magdemanda ako at may laban po ba ako sa gagawin kung pagsampa. Please i need help.
hi jay!
i just want to ask some few question, we have this landlady here in quezon city, we rented it for only a month (transient) since were just going to process our papers going abroad.. she has an advertisement in website stated that transient room for rent with aircon, (which i thot na kasama na sa rental fee) as far as i know and as far as there is an existing contract, it is a residential house for rent and she’s asking us to pay the monthly electricity for commercial rent which is 15.00 per kilo watt hr., na wala sa contract at iniinsist nya na cnbi nya yon verbaly,. sobrng daming hidden charges including sa wifi na 500 na lagi nyang pinapatay..please help..thank you
hi jay,
i went through this rent laws and alas i ran through yours and i appreciate how helpful you could be. thanks much. i want to ask something because i wanted to know if my lessor could just increase the rent of the condo unit i’m staying on a yearly basis to a 10% as stated in the contract. i rented the unit beginning april 2007 at 14,000 per month. now, i am renting the place at 17,000 per month and upon renewal this coming april, it’s suggesting an increase again. i would like to write the lessor a letter if he could just not increase this year but i want to attach some legal basis to it. Also, there are some major repairs to be done in my unit and left undone to this date. is there something i could indicate in my letter about this. please, send me your reply at niue_10@yahoo.com if it’s not much to ask. i don’t know how to follow you on this site, i’m not much of a techie. thank you so much and more power.
I would like to ask if we are going to transfer to another boarding house and we ask the owner to get back the 1 month advance we had paid yet we have no agreement, can we still have our money back?
We had paid the 2 months advance and we decided to transfer on the following month prior to the deadline, can we have still rights to get our money back?
hi..what if the the lessor needs his property for their family purposes,and we are renting it for almost 8 years and paying it without delay..how long can be given to us to stay in that property?
Is there a law that protects tenants from Landlords who insists that the tenants have to repaint the entire apartment before they move out.
We, the tenants have been renting at this apartment for a few years. The paint over time has gotten old and there are some marks from the sofa that is against it.
Hello,
If there is no period stated in the contract,
is it presumed that the conract is effective /valid for one year?
Hi, I am currently renting an apartment in the Metromanila area. According to the rent control act, it states that the yearly 7% restriction on rent increase is only applicable to housing that is below the TEN THOUSAND. My current rent is 12000/month.
My landlord is seeking to increase it by 15% when the contract ends this December. Are there any laws that prevents such drastic increases?
Please advice.
is it legal for the landlord to eject a tenant even i’m fully paid in rentals?
where can i find the copy of house rental law
my landlord just write on a piece of paper stating that she reeived from me a certain amount as my monthly rentals on her apartment.is it legal?
hindi po nag-issue ng official receipt ang landlord ko sa rent ng bahay nya
dear jay,
i am renting an apartment rowhouse here in cavite for 6 months now. i received an sms from the owner that she has found a buyer of the house and inform me that the place should be vacated. i am asking her if we could extend our rent until the end of the year, but she told me that i need to pay again a one month deposit and advance so i can retain the house. i’ve paid her a one month advance and deposit payment of 5,000 pesos. is it in the housing law that i should give another 5,000 pesos as an advance and deposit again? please help. she doesnt give an O.R. for every monthly payment. is it legal?
yours trully,
alecks
Hi po, Meron po bang maximum ceiling or how many years lang sila pwedeng mag increase?
Many thanks>jay v
Im renting a 11,000 pesos monthly apartment. Correct me if im wrong, so I assume im excluded of this ACT.
QUESTION: does it mean that the lessor can increase my rent for more than 7% annually?
Since this ACT covers only for residential rents of upto 10,000 pesos.
Please advise
Thank you
meron po ba RA for commercial spaces rented?????
ang bilis mag increase eh!!
Hi Nina, as far as I know, free for all ang commercial spaces. In my opinion, hindi rin naman basta basta pwede mag taas ng rent kahit commercial space kasi yung tenent pwedeng lumipat sa mas reasonable na space, provided ideal din yung lilipatan, at siyempre hindi naman basta basta pwedeng lumipat, pwede lang yan pag mag expire na ang lease contract.
Salamat po sa pag post ng mahalagang impormasyon na ito. Nais ko lang po sanang magtananong na kung wala po bang Permit to Operate ang tinitirhan namin na boarding house. Ano po ba ang mga legal na hakbang na pwede naming gawin ? Gusto ko lang po na makasiguro kung sa B.I.R ba dapat kami sumangguni o sa anong ahensya ba ng gobyerno kami dapat pumunta ?
Hello po.
Ano po ba ang legal “expiry of lease contract” kung wala pong contract in place? Considered “open-ended” po ba ito? Monthly? O Yearly?
Salamat po in-advance sa sasagot nito.
Rea
hi poe..
meron poe ako problema tungkol poe sa inupahan naming bahay, bayad naman poe kmi lagi sknya ng renta poe namin pero lagi poe kmi advance… eto pong last payment namin advance poe ako ng 2 months deposit…. simula poe nag march 20 poe… tapos ngayong may 20 poe sinabihan poe kmi n umalis n poe kmi ng katapusan ng june.. kasi daw poe sisirain n poe nila ung bahay.. at gagawing garahe.. tapos poe sabi ko poe sa landlady poe namin na hindi ko na lng poe aantayin ung june katapusan at lilipat n poe kmi agad… gus2 ko poe makuha ung kabuuan ng pera na diniposito ko poe.. kasi poe hindi ko pa poe nagagamit ung 2 buwang advance ko poe.. pero sabi ko poe sa kanila akom poe ang magbabayad ng bills.. para ala poe sila problema.. tapos ngayon poe ehh ayaw nila ibigay skin ung pera na kinukuha ko poe.. at pinagbabayad pa poe kmi ng pag stay namin sa bahay nag ilang araw bago kmi lumipat.. ano poe ang dapat ko poeng gawin d2??.. paki advaise naman poe ako.. tungkol d2 poe isuue n ito.. tnx poe at more power…
jenniffer…
hi jay,
Hi! I have a problem regarding on my boarding house here in malibay. I want to used my 1month deposit because i am leaving the country but the problem is our land lady told me that the 1month deposit is not refundable and non consumable i was shocked when she told me. she gave me a receipt before indicating that the 1month advance is consumable and non refundable and the 1month deposit is not refundable and non consumable, it was a misunderstanding because i thought that the 1month deposit is refundable and consumable becasue that’s the usual. . Do I have legal claim on my problem? Can my land lady agree to consume my 1month deposit? we don’t we any contract except the receipt she gave me.
HI,
NEED AN ADV FOR MY CONCERN…. MY LANDLADY GAVE ME A NOTIFICATION THAT I HAVE TO LEAVE THE PREMISES BY JULY 30,2010….. THE “CONTRACT” ENDS BY THEN. I ALREADY USED MY ADVANCE ON RENTAL BEC RECENTLY I AM HAVING A HARDTIME ON MY FINANCIALS DUE TO SICKNESS… I BELIEVE THAT I HAVENT USED MY DEPOSIT FOR A MONTH BUT SHE SAYS THAT I ALREADY DID…. SHE’S NOT GIVING ME AN OR THAT’S WHY I DONT HAVE ANY PROOF OF THAT…. MY CONCERN IS THAT IT IS ALSO USED FOR BUSINESS (INTERNET SHOP) AND ITS NOT EASY TO VACATE AND SET-UP TO ANOTHER PLACE SINCE I DONT HAVE THE RESOURCES AS OF THE MOMENT… THANKS
1st, you are wrong about NOT asking for OR for each payment, thus, you will never prove anything
2nd, you can just play hardball if you have the upperhand and your stomach can take it. what im trying to say is if the owner cant cut your electric and water line, you can stay up to 3 months by just telling her u cant pay. but be sure that you are ready by the 3rd month. Well, that is just one part of the story. Your guts must be able to take the harassment they will bring you, may it be mental or physical
Hi,
I hope you can help me with this..
In the last sentence of Section 9, (c) , prohibiting the owner to lease the unit to a third party (not relatives right?) for 1 year, is it effective automatically? If we go to the barangay for example, or does it need to have a court order issued for it to be effective?
Thanks.
Hi Jamilla,
To my opinion, Sec 9 protects the tenant against unlawful act of the Lessor and it is effective immediately. No court order is needed. Without Sec 9, Lessors can freely eject tenants and “re-rent” to a new Lessee for higher amount.
Hope this helps. 🙂
The only update on the rental law is the 2009 RENTAL LAW and it states that rentals can increase at no more than 7 percent per year.
Hi Jay. I just want to know if there is a new rental law for 2010 about increasing the rent for 15%. Because are landlady was asking for a 15% increase to our rent. Thanks.
Hi rosita,
The 2009 rent law is valid until Dec 31, 2013, so all the provisions therein shall remain so until the expiration date. However, please bear in mind that the law covers residential lease with monthly rent of not more than p10,000 (in NCR and HUC) and not more than P5,000 in other areas. So if your monthly rental is more than the ceiling provided, then your lease contract is not covered by this law. =)
How do you declare income from rental on your income tax return?
How do you file income tax return for income from rent?
HI I WOULD LIKE TO INQUIRE IF THE LANDLORDS FOR A LEASED PROPERTY WERE REQUIRED FOR THE FOLLOWINGS:
1.PERMIT TO OPERATE LEASSING BUSSINESS
2.REGISTRATION WITH BIR
3.ISSUANCE OF OFFICIAL RECEIPT
4.CERTIFICATE FROM BUREAU OF FIRE PROTECTION(BASED ON FIRE PROTECTION CODE)
IF, YES, IS THERE ANY LEGAL RIGHTS A TENANT HAVE, TO DEMAND THEIR LANDLORD TO PROVIDE THE NECESSARY DOCUMENT FOR SUCH BUSINESS?
I have a tenant in my apartment whose contract is until December 31, 2010. Recently, she had issues on the water bill and she started calling me names and scandalized me in our apartment building. Is there any ground where I can cancel the contract? It’s giving me sleepless nights and stress on what she’s doing.
Help.
Hi,
First of all, thank you for this reference. I would like to ask for your opinion regarding our landlady. She owns a three-storey apartment type building with six units and we are renting one of her 2-bdrm units for almost two years now. Our rental fee ever since was Php10,000. Now, just the other day, Mar 2, she sent us a “Notice of Increase”. She stated in that notice that she is increasing our monthly rental fee from Php10,000 to Php12,500 effective our next payment, Mar 6, which was just 3 days from the time the notice was received. Our contract will expire on May but she wants it effective ASAP. She also said she really wants to increase the rent to 12,500 which is why she is she is already informing us ahead of time. To top that, she also said that if we will renew, then the new rate will be 12,500 but if we will not renew, then she will push thru with the 25% increase effective Mar 6. Now, i just want to make sure if i really have the right to decline that increase up until we finish our contract on May, whether or not we renew. Thank you very much, God Bless!
if you have a contract, my opinion is that she can’t increase mid-way. only on contract renewal may she increase the rent by 7% max. please consult a lawyer to make sure.
Hi Marga,
SEC. 5 of Republic Act No. 9653 states that 1.00 to 10,000.00 monthly rental is covered by this act.
First, 10T monthly rental is covered by RA 9563 (see SEC 5.)
Second, Rental increase should not be more than 7% (see SEC 4.) So the 2500 increase is 18% MORE than what is lawfully allowed.
However, RA 9563 does not clearly state how soon can a Lessor effect the increase after advice (written or verbal?).
Hi,
I need advise on my case. My contact expired on Jan 8, 2010. I didnt realize that this RA 9653 exists. I just signed the new contract. Since 2006 our rent is being increased 10% annually. It was 5000 initially and for 2009 it was 6050 and now the new contract says 6655 and also the water and electicall bill they add more than 100% from the actuall cost. I am renting a studio type room here in cebu city. After signing the contract does this mean I am not entitled to this RA? or does the owner needs to do something on this. If not can i file something. I know the owner has a lot of connection since he is the owner of Indiana Aerospace University and a good ally of Sen Enrile.
Please advise.
thanks
the law stipulates that lessors may only raise the rent a maximum of 7% annually for the same lessee. you may consult a lawyer to find out what your options are.
Hi William,
Remember that “ignorance of the law is not an excuse for punishment”. It is the Lessor’s responsibility to know and search about rental acts or laws. And no one is above the law 🙂
hi Jay,
We are renting a house/computershop for barely 16 months now. our formal contract expired last August 2009 although verbal agreement still holds true and payments being made. Just recently, the owner inform us that we need to vacant the premise by July 2010, do i get any extra “free” months aside from my 1 month advance and 2 months deposit? i heard that i can avail a 4 months free of charge if the owner is force evicting due to personal reasons.
please correct me if i’m wrong, but since you no longer have a contract, i believe the lessor need only to inform you at least 30 days in advance. it doesn’t matter what his reasons are. i have never heard of this 4 months free of charge if the owner if force evicting you.
Hi Ryan,
SEC. 9.(b), of Republic Act No. 9653 covers the ejectment reasons/conditions. First, it must be made clear to you WHY you are being asked to vacate the leased premise. That it, (1) Sub-lease (2) late payments (3) repossession (4) major repair. However, still subject to conditions.
The RA does not mention anything about “four months” free on forceful eviction.
You are entitled to three months advance notice if your Lessor has justifiable reason for your eviction.
> “First, it must be made clear to you WHY you are being asked to vacate the leased premise.”
I looked but cannot find any mandate requiring any landlord to make clear to a tenant why he is being told to leave.
> “You are entitled to three months advance notice if your Lessor has justifiable reason for your eviction.”
That’s not what the law says. The law clearly does NOT mandate any minimum advance notice from a landlord to a tenant EXCEPT in the case of
“(c) Legitimate need of the owner/lessor to repossess his or her property for
his or her own use or for the use of any immediate member of his or her
family as a residential unit”, but then is confusedly requires that the contract must also be expired. Why should it be expired?
Since Ryan’s contract is expired his landlord can demand that he vacate, and needs give no reason, nor is there a mandatory minimal advance notice required under that subsection (e).
Subsection (c) and (e) are worded such that the mandates of subsection (c) apply ONLY if the landlord cites ‘personal use’ as the reason for ejectment.
If the landlord cites only ‘expiration of contract’ as the reason for ejectment, then subsection (c) applies and so no advance notice or other provisions are required.
The confusion caused by this strange wording of these two sections serve to demonstrate that the legislators did not possess clear thinking on the topic of Judicial Ejectment; it was not well thought out by them.
Considering the slowness and inefficiency of the court system here, mandating that Judicial Ejectment requires that the tenant first be “arrears in payment of rent for a total of three (3) months” is ludicrous and harmful to landlords, because it allows tenants to abuse landlords by not paying rents for three months PLUS the time it takes to fight your way past the useless barangay system in hopes of getting your case into a court, then they simply abandon the apartment in the middle of the night, just to repeat the swindle on another unsuspecting landlord.
In the provinces we landlords loose a LOT of income to government-protected deadbeats because of this three-month rule, and THE GOVERNMENT LOOSES A LOT OF TAX REVENUE NATIONWIDE because of their bad rent control laws which protect deadbeats, just because certain provisions were not well thought out before being hurriedly implemented.
Time is of the essence in both collecting rents and in prosecuting deadbeats, and so the 3-month requirement before going to court provision needs be repealed.
hi my name is michelle.. i just wanna ask about my current situation wih the home owner..i am renting a studio type in novaliches and wasnt able to pay my last month rental due to financual crisis coz u dont have work ,and i went to pampanga to ask some money from my family but unfortunately theyvwere not able to help me,so i txted the owner and tild her that ill be paying my rental as soon as i get back from work, but no response from the owner..now after a month still wasn tt able to go back from the house.and my neighborr told me that theybpadlock the house and they took all my stuff without informing me… what can i do to get my stuff back and can i complain frombhe barangay qbout my case??? Pleas help me…
Since your written contract has expired, This part applies:
SEC. 9. Grounds for Judicial Ejectment. – Ejectment shall be allowed on the following grounds:
(e) Expiration of the period of the lease contract.
With an expired contract it is clear from this that your landlord can demand you vacate at any time.
when a landlord locked or put a padlock to your room then it is illegal without due process of law. there must be written agreement or letter given to you. only the court can allow the policemen for the sheriff
Hi Jay, I have problem of my tenant, She do things in my premises without informing me like concreting my backyard and ask me the 50% share of cost, kill my plants by cuting it, remove the plywood division and the worst thing is cut those 2 big trees in my front yard which i care for 9 years..Then Her rent always late and sometimes luck but pay it to the next month.
We have no written contract or no O.R. of her payment coz i didnot issue,No proof that she rent my houase, is the 3 months notice to vacate is applicable to me? We only agre a short term lease or month to month basis verbally. THank hope you advise me
you are definitely at a disadvantage here. i suggest having her sign a contract of lease ASAP.
Hi! Has the IRR of the above been released? My contract is due to expire next month and I want to make sure whether the 7% increase limit will be applicable when I renew my contract. Thanks.
Hi Mai, unfortunately it has not yet been released. Don’t worry, I will surely post the IRR here once it comes out or at the very least post updates about it. Thanks for dropping by!
hi. Thanks for the info on the Rent Control law. I have question though. My tenant”sontract have already expired. Rental amount is below ten thousand pesos. I also have another tenant whose rental amount is ten thousand pesos but if paid within the first 7 days of the month a discount of five hundred pesos is given. Do I fall under the rent control law? I would like to increase their rent already. When can I increase and upto how many percent.? Will wait for your reply. Thanks
Hi Ping, my opinion is your second tenant’s contract with you would fall under the rent control law if your contract indicates a monthly rent of 10K. If it were the other way around (monthly rent is 9.5K with penalty of 500pesos if payment is made after the first 7 days of the month, then I guess it would not be covered. I hope this makes sense. 🙂
With all due respect sir, under Sec. 5 of RA 9653, It also states there that it also covers monthly rates ranging from One Peso to Five Thousand Pesos in other areas aside from NCR and highly urbanized cities.
Hi Serge, I assumed the property is within NCR.
hi jay ! a lessee has not paid his rent since oct 15,2009 . he has no deposit left. i have given him notice to vacate by oct 30 but he’s refused to do so. at the barangay hearing he said he will vacate by nov. 30 but when asked for rental only says he has no money. what should i do so i can evict him lawfully. thx
Hi Tuesday, how about his 1 month advance? I suppose you can consume that. By the way, do you have a lease contract with him? I also notice your tenant has only has failed to pay 1 month of rent. Based on the law, one ground for ejection is as follows:
(b) Arrears in payment of rent for a total of three (3) months: Provided, That in the case of refusal by the lessor to accept payment of the rent agreed upon, the lessee may either deposit, by way of consignation, the amount in court, or with the city or municipal treasurer, as the case may be, or barangay chairman, or in a bank in the name of and with notice to the lessor, within one (1) month after the refusal of the lessor to accept payment. The lessee shall thereafter deposit the rent within ten (10) days of every current month. Failure to deposit the rent for three (3) months shall constitute a ground for ejectment. The lessor, upon authority of the court in case of consignation or upon joint affidavit by him and the lessee to be submitted to the city or municipal treasurer or barangay chairman and to the bank where deposit was made, shall be allowed to withdraw the deposits;
so in effect, the law provided that lessors ask for 1 month advance and 2 months deposit to cover the 3 months non-payment before eviction… if the lessee were to damage property or not pay electricity/water, etc., the lessor is left with the shorter end of the stick. that’s a bit unfortunate…
Hi Jon,
To my opinion, RA 9563 does not clearly state if the consumption of the 2mo+1mo payment should be included in the computation of late payment. So, therefore, in the case of late payment the computation could start BEFORE or AFTER the consumption of the 2mo+1mo payment.
Hope this flaw is clarified soon. What do you think Mr Jay Castillo?
That’s exactly the same predicament i have..and now my landlord wants me to leave at once,harassing me day and night through text.said i dont have the right to stay anymore as ive consumed the last of my deposit last july 15. thru the barangay, i didnt promise a certain date as to when i will be transferring..but i gave the assurance that i will leave as soon as i’ve found another house to transfer to and the means ofcourse.I was told, they’d file me a case for whatever, trespassing, overstaying, deprivation of their rights as property owners etc…their demand to vacate notice dated aug 5 and received on aug 6 shld commence the effectivity of their notice. but they are forcing me to leave until the 14th of august…i am firm with my commitment to leave soon but situation does not allow me yet…as its not easy to locate one.they dont have a license to operate business and said their property was a residential unit attached next to their house…but the mere fact that i paid monthly rental with bank receipt and written acknowledgement rcpt was enough proof of their act….what should i do now?they irritate me and belittle me and does not listen to what i say….???? pls advise
Hi! I have a problem regarding on my boarding house here in sampaloc. I want to transfer to different boarding house that is near to our school but the problem is our land lady didn’t want to give my deposit(refund) i can’t consume it because of time. I spend a lot of money if I were there. Do I have legal claim on my problem? Can my land lady refund my deposit?
Hi Cristian, I believe it depends on the lease contract you have. If it says that that your deposit is not refundable in case you pre-terminate your contract, then you are not entitled to a refund for your deposit. May I know what’s written on the lease contract with regards to pre-termination?
Hi, Jay! I just need advise. Do we have law which mandates that “all enhancements, repairs and upgrade made by a lessee in his rented apartment can be deducted from his monthly rent”? For instance, I would like to have my own water meter but the owner of the apartment does not want to deduct the expense from my monthly rent. Also, I spent more than P 5,000.00 in re-painting the whole unit and the owner did not even share any in the cost. Do I have legal claim on these?
Hi Macy, I believe there is no law which mandates this but I suppose it can be incorporated into the lease contract. I guess the best way to avoid misunderstandings between a tenant and a landlord would be to ensure that they reach an agreement as to how costs related to improvements are handled prior to the introduction of the improvements, aside from having these included in the lease contract.
good am!!what if we dont have a contract, and the lessor is already ejecting us. we only stayed in the place for only 1 month and they are already ejecting us,coz one of their relatives will used the premises. we dont have any arrears and we dont pay the 2 mos deposit because they dont pay the arrears in meralco and the water bill. we paid the advance payment. please advice us and thank you very much.
Hello,
First off I would just like to thank you for posting the full text. I’ve been going off of newspaper highlights and they always left me with questions.
I do however have one question I would like to clarify. I’m curious as to whether this law applies to rent increases that were made in between January 1, 2009 to July 14, 2009. I’m assuming that there are no implications as the law was pretty “non-existent” at the time, but I keep seeing/hearing contradictory statements about this. Your opinion/response would be much appreciated.
Thanks in advance.
Seth
Hi Seth, you’re welcome! In my opinion the new law should not apply for that period as it really was not yet in effect. I really hope they can come out with this law’s implementing rules and regulations so that we’ll have clear and definite answers for this and other questions that have been asked due to the passage of the law.
Thank you for this update Jay, I am grateful for your site, it is indeed a lot of help since I do not have to go through each banks online asset page, it is fast, reliable.
I would like to establish a back link to your site with my blog which is also about pinoy business coaching which I believe can also help bustling real estate investors grow their business through sound principles.
Here is the address
http://pinoybusinesscoach.blogspot.com
Thanks and more power to you!
Hi Paul,
Thanks for the compliment, glad to be of help. Sure we can exchange links. I’ll put your link in my blogroll, please don’t forget to put https://www.foreclosurephilippines.com in yours! Thanks!
Hi Jay,
I have been reading your site for quite some time now. It is very informative and I am more convinced now than after reading ThinkRich Pinoy-Quick. But I fully understand that after reading you blog site and books I still have a lot to learn about real estate.
After going through a list of foreclosed properties I have now prospect properties that I want to invest. Problem is I do not know what to do next… Do you know if some individual/group giving seminars on quick run through about in-and-out’s in real estate investment. I am concerened about the legallity of my transactions and also have an idea on costs that I might incur during the process. I might also want to be a licensed broker that may enhance may credibility as a seller/buyer.
Thanks in advance.
I fully appreciate your help through this blog. I pray that this may be the turning point towards to my financial freedom.
God Bless And More Power!!!
Hi Jay-R,
You sound just like me after I attended the Think Rich Pinoy seminar last August 2007. =)
I understand your concern about the legalities and the associated costs with real estate investing, I’ve been there! In my case, I reviewed for the broker’s seminar and learned just about everything I needed to learn. Since the brokers exam and review seminars are currently in limbo because of the RESA law, the seminar of Engineer Cruz comes to mind. However, the topic about investing in real estate was already covered last August 12, 2009. You can get a complete list of remaining topics at http://urban-institute.blogspot.com/. I’ll be attending the following topics:
Day 6, September 16 PROPERTY VALUATION: HOW TO DO IT YOURSELF
Day 7, September 23 HOW TO START & MANAGE A SUCCESSFUL REALTY OFFICE
and probably Day 9, October 7 REAL ESTATE FINANCE AND INVESTMENT ANALYSIS
If you’re attending, I’ll see you there!
Good luck and God Bless!