*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: [email protected]
Text by Jay Castillo.Copyright © 2009 All rights reserved.
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Hi Mr Jay!
I have just found a blog saying the Rent Control Act has expired. Wala na pala akong laban sa landlord ko in case paalisin talaga kami. Kala ko pa naman may pinaghahawakan akong basehan para di umalis. Ano po ang dapat kong gawin sakaling palayasin na kami sa apartment? thanks po….sofia po uli
Hi, Mr Jay!
Sofia here again…sad to say, my landlord has extended his stay probably until the 40 days of his departed mom. So my agony would continue umtil the 2oth of this month.
Only today I heard him talking to a prospective tenant for the apartment next door,( It is a duplex apartment) and I was surprised to hear how rude he was to that person, a Pastor by profession. He asked, “Sino kayo? Alam nyo ba ang patakaran sa bahay na yan? Kung ang pamangkin pinalalayas” Para pong pinaririnig samin. Kung ang pamangkin pinalalayas kami pa kaya na di nila kaanu-ano? When the Pastor was gone, his sister butted in and said, “Pastor yan” na parang pinaaalalahanan sya. And the ladlord answered back, “Kung sa America nga nagagawa ko dito pa kaya sa Pilipinas!” So, talagang me kabastusan po talaga.
AS of now po, we are not looking for a house to transfer to dahil di naman nila ako kinakausap kundi puro parinig lang. On the 1oth is my schedule of payment, try ko iabot ang bayad at pag di nila tinanggap, what should I do po? Pay to the City Treasurer, or barangay captain?
Please kindly advise me Sir Jay. Thanks again po.
Good day! I would like to inquire if a lessor of an apartment request the lessee (renting the apartment) to vacate the haws she is renting, how many months can an occupant be allowed to stay in the rented unit until she can find and transfer into a new house? Thanks
My tenant asked if they could put counters to sell stuff right outside but within the fenced apartment. This was not part of the signed contract although I OK’d it. The next thing that happened was the tenant asked for forgiveness for being one month late on their rent but promised to double the rent on the 3rd month of occupancy which is today 1/2/12. Then the tenant was asking if it is OK to leave the the screen that they have just installed (without any permission) at the short fence around the apartment in order for the thieves to not get to their for sale goods sitting on the counters. The tenant emailed me that if it is not OK they will take down the security screen. Please advise.
hi jay, a follow up question to my earlier post: shouldn’t the damages be covered only by the deposit? the advance rent remains a rent payment to cover the last month?
hi jay, would like to ask whether a landlord can charge me for damages beyond what the amount of advance and deposit covers?
i just need an advice if there’s anyone who can help – kasi po i’ve been renting an apartment for 5 1/2 years now and a good payer ever since. All of a sudden a relative of the landlord died and the landlord came home from the States. Di po kami nakapunta sa burol at tama po bang basehan na palayasin kami dahil lang di kami nagpunta? The mental anguish and torture na nararamdaman ko sa araw-araw everytime na dadaan kami sa bahay nila kung anu-ano ang naririnig namin na di magandang salita ay ganun na lamang po kahirap. Kesyo wala daw po kaming silbi at minumura pa po ako pag nagdadaan sa kanila. May pera po sila at wala akong laban sa usaping pera. Yung caretaker po ang kausap ko nung lumipat kami dito at di ang may ari ng apartment. Kaya dpat po ba yung caretaker lang din ang kausapin ko ngayon tungkol sa problema ko? Salamat po for whatever advice you can give me. Wala po kaming lease contract na pinirmahan. At dipo alam ng caretaker na pinariringgan kami. Yun pong caretaker ay relative po ng landlord. Merry christmas po!
Hi Sofia, I don’t think your failure to attend the wake of their relative is a valid reason to evict you. That is such a crazy reason. Close ba kayo nung landlord at kailangan andun kayo?
Yun nga po eh, i don’t even know the landlord personally. He’s the type of a person that is loud and aggressive and everytime I hear him talking I feel some kind of nervous. I fear I might hear again anything said against me.
Thanks God, they are leaving tomorrow for the States. It’s a great relief. Yun nga lang po, di kami masyadong nakapag enjoy nung christmas and probably not again on new year.
Thanks po Mr Jay Castillo for the effort in replying. It’s such a great help and I really do appreciate it.
Happy New Year to you and your family!!!
Sir/Madam:
I would like to know the specific guidelines about the rental business establishment, like laboratory, and drugstore.
Thank you very much.
Gilbert E. Bautista
hi!
I have a problem po kasi. m renting a room worth 3k a month. then i received a letter from my landlord na tinataasan nya yung rent ko ng 1.5k dahil daw i m accepting visitors kaya tumataas yung mga bills. (my water bill is free). thing is, yung visitor na yun only spent atleast an hour since hinatid lang naman ako dun. now he is asking me for a 4.5k monthly kasi before i rented the place yun yung asking price nya but since super liit lang naman yung room tumawad ako and nasa contract namin 3k. nakasulat sa contract na shall i allowed to have a co-boarder, a 500php monthly will be added per head. so bakit po 1.5k agad hinihingi nya and i dont have a co-boarder to begin me. tama po ba yung demand nya?
please i need an advise since he will be asking me for the payment this day. 4.5k is way too much for a price sa small room na yun. by the way, my one year contract ended last may 14, 2012 and la pa bagong contract pero nagbabayad po ako monthly. he doesnt even issues any official receipts. please help? thanks!
liz
Dear SIr;
Good day!
I hope you could address my inquiry asap through my email add above…
I am just concerned regarding the rules they set for the apartment. i rented an apartment for almost six months now. They said that we have to pay rental every 7th of the month and if we cannot comply, everyday they will add 20 pesos until we can pay the said amount. My salary is on the 15th and 30th, so every time, I always pay an excess of 100 pesos and if not paid it will continue to increase, like for example, I got financial constraints just this month and I promised to pay the bill for two months in full, but still they have given me the penalty and it is continuous until the time I will be able to pay for the said amount. Is it reasonable for them to impose those rules and not giving us grace periods?The rental is 2500 that should be paid on the 7th and due to holidays I got short on my finances, now I promised to pay on the 15th next month and I have to pay 5,640 for two months including the penalty. So, the penalty is 640 and it is quite huge amount of money for a penalty for two months I believe. Please advise…
Also, we have a problem with the water bills here…They are using submeter for each apartment so our water bill is doubled. Our bill reached up to 430 php per month compared to others who are not using submeters…it should only be around 100 to 200 as we don’t use excessive amount of water. It is too much for us and again due to financial constraints just this month, we were not able to pay the first month bill of 430 which should be due last nov.3. Now, the second bill arrived, again it reached to 470…They said they will cut our connection if we wont be able to pay the said amount this time. Some of the tenants here also were not able to pay their bills due to same issues. Do we have any alternative or do we have the right to demand to the lessor about changing the water system to be able to save money? And, is there such thing as water submetering?I have learned from a friend that maybe the owner is using jumper.. I don’t have any idea on this. Please advise..I badly need your help asap.
Thank you so much.
Sincerely,
Cielo
Magandang Umaga po!
We are looking for some legal advice with regards to the rent control law. I was rented a small room, it is a old wooden 3 story house. I’m rented in the second floor, 6 rooms in this floor. I’m rented almost 25 years already, and to be honest of course there are times that we were not able to pay the bills or the room rent on the exact time, but of course we are asking for thier kind consideration about that matters and promise to pay the bills. when I pay the bills yesterday Nov 12, he said that he consult the attorney and he summon me at the barangay chairman and explain my situation. before that bumaba ako sa kanya at sinabi ko na next week po ako magbabayad dahil nga ang mother ko na confined sa hospital for almost 1 month in ICU so ang dami kung binabayaran. and tanong ko lang kailangan niya ba kaagad kami 3 of co boardmate na ipabarangay? Matanda na kasi 80 years old na ang may ari ng bahay. ang isa pa namin problima ang CR natulo galing sa taas at luma na ang bowl ang lababo natulo narin galing sa taas nilagyan nalang namin ng tarpulin para makagamit kami ng lababo, sinabi na namin ang problima namin pero wala pa rin action. Di ba kailangan pag nag paupa ka ng bahay mayroon ka the followings: 1. Permit to operate leassing business. 2. Registration with BIR. 3. Issuance of Official Reciept. 4. Certificate from Burreau of fire protection (based on fire protection code) e wala nga kami fire exit at fire extinguisher . ang tubig namin 4.00 pesos 1 galoon at may oras pa. pag nag patubig kami nililista yan sa bawat kuarto kung ilan na galoon, hindi lalagpas sa 5 na galoon ang bawat cuarto, for example ang bilang namin sa 2nd floor 20 galoons times mo sa 2 min. kasi 1 gal. is equal to 2 min. pag hindi ka nakapuno dahil kung minsan mahina ang pressure ng pagbukas niya ng tubig, kawawa ang hindi malagyan. ikaw ang sasagot sa kapit kuarto mo kasi naka record na sa kanya ang tubig mo kung ilang galoon sa isang araw ang pinalagay mo. ang sa amin lang may karapatan ba kaming lumaban sa mga patakaran niya sa mga nangungupa sa kanya. Maraming salamat po.
Hello,
Could you please help me out as I don’t know where I stand. I just recently moved into a condo unit, I have been there for no more than one month. I have fully paid the monthly rent and the deposit and advance. We had a little misunderstanding with the landlord and decided not to continue renting however, there was no contract that was presented to us nor have we signed any document. The only agreement that we had is the payment and he (the landlord) told us that he will shoot an email with the contract but there was never a contract sent to us. Now the landlord won’t release our advance and deposit payment. I understand that the deposit shall stay with him to pay for the unpaid dues such as electricity, water bills etc., How can we get him to give back the advance>
Good day po. I have a question regarding section 4 of the Rent Control Act. I have a friend who is renting a small room of 2,000.00 per month. She has been renting this room for 13 months. The owner of this room told her last month that the rent will be increased by 500.00, which is more than 7% annual increase stipulated in the law. The owner has other rooms for rent and had increased the rent by 500.00. The lessees of these rooms are not aware of the Rent Control Act. To what office does she has to write so air her complaint on this lessor. Even the lessor is not aware of this Rent Control Act. Thank you.
hi. mag inquire po ako kasi naka submeter lang po nirerent namin., ayaw po palagyan ng sariling kuntador ng nagpapa upa kasi may utang dati yung huling tumira sa meralco. pag po ba kami nagpakabit at nagbayad ng unpaid bills nung tenant dati pwede po iawas nagastos namin sa kuntador sa renta namin? saka po kontrata namin nakapirma kapatid nila pero nung nag usap usap po sila sa ibang account na kami naghuhulog ng bayad. dati po kasi sa isang tao lang. ngayon sa buong pamilya napo yung renta namin. wala po kami bagong contract sa kontrata po na hawak ko 1 month adv 1 month deposit. sa hulog po namin sa bagong namamahala eh 2 mos adv at 2 mos deposit? verbal agreement lang po na sa new mamangement kami maghulog pero di naman po nagreklamo yung kapatid nila na kapirmahan namin sa kontrata. ano po ba legal basis nun kung sakali magkagulo sila magkakapatid about sa rent namin> saka yung kuntador po. sino po ba dapat may provision nun. yung nag papaupa o yung uupa pa ang magpapakabit?> salamat po
sino po ba dapat mag provide ng kuntador ng kuryente? yung nag papaupa o nangungupahan? pano po kung yung nagungupahan pakabitan ng kuntador kasi ayaw ayusin ng nag papaupa tapos binayaran yung fees at unpaid bills ng tenant before makokonsider po ba na renta ng nangungupahan yung nagastos nya since ayaw naman ayusin ng nag papaupa? salamat po
hi! good day! i have some questions about the law of housing rental.. we have been rentinga bungalow house a year a half and i am confuse about the terms of the owner. (1) in our contract, they stated that we can use all the premises except for 1 room (which is the masters bedroom) not to use so they locked it up BUT they made a storage room at the back of the house but they dont want us to use it. do i have the privilege to use that storage room? (2) from time to time one of the nephew of the owner visited the house, is he allowed to enter the house and investigate the looks inside the house we were renting? (3) this happens recently, the owner of the house visited us (shes from the US), she saw the back with many this commonly known as “tambak na gamit” and told me not to put some things at the back. i want to reason her that there is no place to put my things because we have no storage room and they dont want us to use their storage room. what should i tell her? (4) and lastly, are they allowed to stay here in the house for a couple of days because they have their own room here?
Hi Icon, I believe there is a problem with your agreement, it seems what was written is not being honored. Of course, as tenants, I believe you have a right to privacy, etc. You can always reason and talk with your landlady and explain that you also need storage for your things. If they will use the room excluded in the contract, I believe they have the right to do so.
Hi Jay
have question here cause we’ve affected of flooding during Habagat, flood remains for almost two months we did inform our lessor that we will evacuate immediately due to hazards of staying their but can we still refund our security deposit,, she insisted soo to return our deposit because of the contract we signed we can’t consume our deposit to stay their and risk our safety, but she insisted to return our security deposit we even bargain our lessor to return atleast half of our deposit, but she stands not to return it, is their a law that tell a contract to be terminated due to flooding or force majeure
Thanks
Hi Xian, what does the contract say about the conditions where the deposit can be returned? I believe there is no law that specifically says a lease agreement can be terminated due to force majeure, this has to be explicitly stated in the contract.
Hi,
I want to move into a condo unit right now but the owners insists on 2 advanced +2 deposit. I told them about this law but they didn’t care and still stands on the 2/2 deal. Worse is, now they want to include 12%VAT Is there anything I can possibly do about it and still rent the unit with peace?
Hi Jay, their condo might not be covered by this law if their rent is above Php10k/month. How much is the monthly rent?
Good day po! Kailan pa ba nagte take effect ang rent? Upon payment of advance and deposit or upon occupancy? Nagbigay po kasi ako ng 2 months advance and deposit on the 3rd week of March but we occupy the house on April 11 dahil may mga inayos pa.
We paid our rentasl beginning May up to August. On August 31 we were asked to vacate the premises as soon as possible dahil gagawin daw pong garahe para sa new car niya. But sinisingil pa kami ng Landlord namin ng 5,000 pesos for the month of March gayong April na kami nag-occupy. Ano po ba ang tama? Please advise.Thanks and God bless.
Hi Rodrigo, it would really depend on how your lease contract was written. The contract normally states when the lease started, regardless of when you moved-in…
Good PM! I would like to ask if we can still get the half our payment to this room that we are renting we only used 8 days of staying and we also have an advance and deposit payment. We don’t have any contract neither he never let me sign in any receipt the time he gave the receipt for deposit he walk away as fast as he could then as we read the receipt he wrote the deposit will be consumable with in 8 months. The first time we talked he never said it, just in the receipt that we don’t have any agreement. Another one do the owner of the house has the right to open the rooms when the tenants is not around and when they are angry they used to scold,degrade us and threatened us that He will throw our belongings outside His house. His care taker scold us and said malicious statement to our characters though they don’t really know us and she knows everything she is telling is all untrue. What can you advise on our part?
gud day can anybody advise me regarding the two months deposit on renting, it can be withdraw? , when we are going to vacate the premises , is it on the new rental law
or it is an owner option to return the 2 months deposit .,I am planning to vacate the place, I paid all my remaining bills, elect. water, and rent, but the owner refuse to return my deposit, he want me to use my 2 months deposit instead. we dont have any written agreement and contract. any help regarding this is highly appreciated. thank you./// Mr. Tony R
gud pm….tanong q lng po sana kung pwd po kya un n bgla nlang kmi pnapa.alis sa apartment n inuupahan namin kht wala namang closure sa brgy ung usapan n hangang 6mos nlang kmi…….actually atty po ang may.ari nun at kung 22usin squater po ang lugar namin……tapos pinuntahan po ang mama sa bahay ng may.ari khit cnabi q n po n d pwd kausapin kc 170/90mmHg ang dugo nya….so para hndi lumala ung nararamdaman nya nkipg.areglo po xa at sinulat ng chairman sa kapirasong papel n by dec 2012 alis n kmi sa apartment n un…anu po b ang pwd naming magawa nun ei ala p nmn kmi malipataN……SANA PO MBGYAN KASAGUTAN PO ANG BAGAYBAGAY N GUMUGULO SA AMIN..TNX PO HNTYIN Q PO ANG SAGOT NYO..
Hi Sir,
I would like to ask you about my problem. I rent one of stall and I have one month advance and two months deposit. In my contract they said I can’t refund my 3 months but I can use. Now the problem is I need to vacant that stall for reason I need to move at Cavite because my house is already done. I use one month for my rent and I have two months left they said I can refund because that is in our contract. That is true if I will leave that stall I can get my two months deposit? Please advice me sir.. Thanks
Hi to all,
Is this RA 9653 is applicable for Commercial Units? If not, do we have any laws as our guidelines as a renter of Commercial Units?
Thanks,
Rico
Can rentals below p10k be increased every year? or increase can only apply after Dec 2013?
Thanks!
Dear Jay,
I am currently renting an apartment with Php 8,500 monthly rent for a year already. I received our Lease Conract renewal yesterday since we are near the end of our 1-year conract. But in this renewal contract it stated there that they are asking for 10% escalation rate upon signing. They did not include this information in the first year Contract (as Im assuming of course they wouldn’t do) I would just like to know if what they’re doing is legal? Or, can I show them this particular Article on Rent Control Act before signing?
Hoping for your advice soon.
Thanks-Gigi
hi, Jay!
What happens if the landlady doesn’t issue any OR? I’ve been renting this house for 3yrs now and the landlady only issues receipts that you can buy from the bookstore.
Magandang araw po, hingi lng po sana ako ng advice, were renting commercial studio type her in Pasig in the amount of 5,500, and then pumunta po d2 ung katiwala ng may ari at sinabi po samin na mag increased daw po ung renta tanong ko lang po pwede po ba un na agad- agad na mag taas? at Kailan po ba dapat mag taas ng rent ? kc po biglaan nman ung pagtaas nya,eh masungit po ng konti ung landlady nmin,lagi po nyang sinasabi kung ayaw mo umalis ka d2 s apartment ko.thanks po sana masagot po ung katanungan ko .
Hi,
this site is very helpful.
Ang tanong ko nagadvance ako ng 10k for an apartmetn in less than a year umalis ako at nagamit ko yung 5k na advance. ngayon kukunin ko na yung 5k ang binabalik na lang ng landlady ay 2800 dahil daw may “cleaning fee na 1000” at “notarize fee of 500”. Wala sa contract namin ang “Cleaning fee of 1000” at pati yung pa notaryo ng contract. Supposedly ang dapat na less lang sa 5k na naiwan ko ay yung 600 na bills ko for utilities. Tapos sa contract copy ko walang beginning at end date pero sa copy nila meron na. Sana po matulungan niyo kung ano ang askyon na dapat kong gawin. Thank you.
Magandang araw! Isaguni ko lang po ang problema namin. LAst Nov. 7, 2011 nagrent po kami ng space sa isang building for our business. We pay 2 months advance in cash form and check for 3months deposit.They only gave us OR. Contract will be given next monday daw. Unfortunately nagkaroon po kami ng problema and we settle to withdraw it last Nov. 10. 2011. Kinausap namin sila and we both agree to deduct our damages made. We follow up many times but they refuse to settle the amount to be returned and make excuses. So we wait. Last Dec. 15 they talk to us and said that the cheque is no longer to their custody but they will make action to trace where is the cheque. About the cash we paid, They say that they will return only half of the amount which is equivalent to 1 month rental fee. So its okay with us.. They promise to give it next tuesday in form of cheque. But unfortunately until this date… hindi pa po nila binibigay ang cheque and also they say they can no longer trace the cheque we give them. Imposible naman po na di nila matrace un, since they have books and record of all the cash flow. We are losing our patience and want to seek legal advise. Fortunately, i found your blog and hoping u could help me sir. Thank you very much in advance.
hello po, tanong lang po.is it legal na taasan po ang renta namin ng 10% every year?hindi po kami pumirma sa huling contrata kasi po parang napakalaki naman ng increase nila. wala naman po silang ni rerepair sa bahay nila..huli po namaing usap ng landlord namin e mag tataas nanaman daw po ngaung taon ng another 10%. please help us undertsnad the law abt house rental….please email me at odi.asia maraming salamat po!
Covered ba ung unit ninyo ng rent control? Covered kayo kung less than 10k ang inyong rent. 7% lang ang pwedeng increase per year.
Commercial Rent Problem. I have a problem with our lessor, instead of renewing our lease contract, they opted to make it a new contract. Along with the new contract is the 10% increase in monthly rent, they are also asking for me to increase the deposit of 4 months + 10%. This is the first time I have encountered a lessor like this. Is this even legal? We are old lessee, is there a law that prevents abusive lessors?
pls help me to sittle the rent of electrical company post in our land and also tha water pipe of the water company in our place.they just have a free rent but we pay to them our monthly bills in both pf there company…
gusto kong singilin ang water district at electric corp kasi naka tayo ang poste nila at ang mga linya ng pipe nila sa aming lupa. pwedi po ba yun?
ayaw ko na pong i-renew contract ng rent namin sa house. ang nasa contract namin eh non-refundable yung advance pero la nmn nakasaad na non consummable daw ang deposit namin at yun yung ini insist nya… pwede po ba yun?
how about laws on commercial space for rent? meron po ba? thank you
Hello, i have a question, i am renting a studio type apartment in Makati area, actually our water bill is quite high for our consumption, because of this we contacted and asked the contact person of the building where we are renting. She told us that that includes utilities for the guards, but before she never told us about that. and also is it right for them to change the computation of the “WATER BILL” just to compensate for their expenditures (we only have a sub water meter). Isn’t it better to have a separate bill for utilities of the guards?? Is it right for them to do a computation like that without informing us before also MAYBE manipulating our water bill? tnx.
Nag-aapply din po ba to sa mga landlords or landladies na hindi maibalik ang remaining balance sa renta? hindi ko po kasi makuha yun balance ko at ayaw nila ibalik ng walang dahilan…. Please help me.
hi jay thank you
You’re welcome Carmie. 🙂
I let two Koreans to rent my apartment, we don’t have paper contract, But we have oral contract that they will live here for 3months, I got one month deposit and one month advance, but they just stayed here for 10 days and they want to leave because they found another house, what should I do with the money?thank you
What should you do with the money? Will it help if I send you my bank account so you can deposit it?
Seriously though, I think you should ask the Koreans instead. I think it’s fair to keep one month’s worth of rent, and just return the 1 month deposit. It’s not your fault they want to leave, right? But if you feel it’s unfair to charge them a month’s rent for 10 days stay, then pro-rate the rent instead and return the rest.
gud day sir,
hingi lng po sna ng advice,were renting aprtmnt her in taguig in d amount of 2,500,nw pmunta po d2 ung ktiwala ng may ari at sinabi po smin n mg increased dw po ung renta d2 s apprtmnt mgiging 3,000 n dw po ok lng pb un? kc po biglaan nmn ung pgtataas nya,eh masungit po ng konti ung landlady nmin,lgi po nyang sinasabi kung ayaw mo umalis ka d2 s apprtmnt ko.nag print npo ako ng republic act 9653 pra ipakita kpo s knya,ano pb ung pwede nming gwin.thnk u po s response!
I am contemplating to buy a bank foreclose property but there is an existing tenant. It seems the tenant wouldn’t vacate the property. In case I pursue buying it, is there a way to evict the tenant from the property? What are the legal process needed? I always hear that it is difficult to removed the tenants from a foreclosed property. I hope you could give some inputs.
We are living in one of our Uncle’s Apartments for 10 years now (FREE, no rent being paid). He is now asking us to vacate the premise since his son is going to use it. Is three months advance noticed applicable?
Mr. Soberano,
If I were you, I would find it in my heart to look for a place to transfer ASAP. Nakakahiya naman sa tiyuhin ninyo kung hihingi pa kayo ng 3 months notice. Pinatira na nga kayo ng libre tapos hihirit ka pa. Hanap na agad ng lilipatan…. NOW NA!!!
hindi ba kakapalan ng mukha yun? libre stay nyo sa apartment tapos gusto nyong mag-avail pa ng rent control law? libre na may sukli pa? try mo kayang simulan sa ganitong lines – “Tito, maraming salamat po sa free stay for 10yrs, cge po hahanap na po kami ng malilipatan”.
Hello everyone, thank you for the comments. However, if you are seeking legal advice, we cannot provide such, this is already beyond us.
If you want, you can still try to get free legal advice on this forum that I found: http://www.pinoylawyer.org/t5116-seek-legal-advice-asap-contract-of-lease
Please take note of the forum owner’s warning and disclaimer which I have pasted below and is similar to our own disclaimer.
Thank you for understanding.
sir. pano po kapag hindi pa naman tapos ung 3 months tapos sila pa ung maaangas at pinag mumura pa kame. tapos nang aaway pa. tama po ba yun sa sarile pa nameng bahay. hindi nanga po sila nakaka bayad tapos ganun pa sila. anu po ba ung dapat gawin. may LAW po ba para mag paalis sa bahay. kapag abuso at nangbabastos na sila? kailangan po ng agarang pag sagot. MARAMING SALAMAT PO
Hello! I am in dire need of help regarding with our rental conditions. I am renting an apartment unit here around Malate with my sisters and my friends. I just want to know if there is a law here in our country for landlords who does not issue official receipts to their tenants and what are the penalties for this? They are just giving us receipts than can buy at bookstore. On the other hand, we don’t receive an official reading of our water bill. They are just simply issuing us a small piece of paper with the caretaker’s handwritten of water bill. It’s also questionable because it always drops on 1,400+ pesos, as if there’s an exact amount due of water bill every month. Now, we conclude that we don’t have our own water meter unlike they told us before. Please email me for this essential matter thank you very much!
Hi Jay,
Just wanted your opinion about this particular scenario. A hardware business rented the lot next to us containing a house which they have converted into a store. For some personal The owner decided to sever the contract with the original contract and inquired the intentions of the new renter. The owner and renter were not in agreement so the owner told the renter that he has 60 days to vacate the premises. They have moved most of their stuff off the property but a day after the given 60 days, his people were still there. We finally have to tell them that they still own the last month rent and to leave the area since we will be putting the padlock there. They left behind a delivery motorcycle with a sidecar and few hardware materials. Can we sell these in lieu of rent? How long should we wait until we can legally dispose of the property as new renter is about to come on board. Thank you for your assistance in advance.
Good Day Sir,
nangungupahan po kmi sa provicial city worth 5thou monthly. tanong ko lang po about sa maintenance. madami n pong loose paints yung loob ng apartment at faded n rin yung paints tapos may mga leaks na rin sa wall and kisame. sinabihan ko na po yung owner na ayusin pati repaint pero wala daw silang time. then, sinabi ko na ako na lang magpapaayos tapos ibawas na lang sa rent yung expenses pero ang sagot po nila hindi daw pwede yun. ano po ba ang rights ko dito?
ask ko lng po., dun sa penalties., kasi ung tennant ko po eh 8 months na po un utang., anu po dapat kong gawin??
Hi po, i need your advice po, kasi hindi na po ako tutloy sa kinuha kung apartment pero nakapagbigay na po ako ng deposit na 10k, balak ko sanang kunin pero ayaw ibalik sa akin ng landlady, wala pa naman kaming contrata na pinirmahan kasi di pa naman po ako nakakapaglipat. Sinasabi nya po reservation un eh may reservation po ba na mas mataas pa ang presyo sa rental ng apartment? 8k per month ang rental ng apartment na iyon ang naigigay ko sa kanya ay 10,000 php. Ano po dapat gawin ko. thanks hope to hear from u soon
hi po. I need your advice po kasi po balak ko mag back out sa nakuha kung apartment. Nakapagbigay na po ako ng 10,000 deposit ayaw na po ng owner ng apartment ibalik. Wala pa po akong pinirmahan na kontrata sa kanya. At isa pa po ang inilagay nya sa resibi po ay reservation daw ung 10,000 na binigay ko ang rental fee lang po sa apartment na un ay 8 thousand per month. Ano po gagawin ko para makuha ko ang perang naibigay ko sa kanya. Di pa naman po ako nakakalipat doon.