• Ziggurat Realestatecorp

A Lessee can suspend payment of rent

You are renting a house and suddenly you drainage stops working. You contact your landlord to fix the leak but he/she refuses to hire a lumber to fix the problem without any good reason.


In this case you can stop paying your monthly rent because of the landlord's refusal to fix the problem.


Article 1654 of the New Civil Code of the Philippines, which enumerates the obligations of the lessor, viz:


"Article 1654. The lessor is obliged:


(1) To deliver the thing which is the object of the contract in such a condition as to render it fit for the use intended;


(2) To make on the same during the lease all the necessary repairs in order to keep it suitable for the use to which it has been devoted, unless there is a stipulation to the contrary;


(3) To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract."


The provision in the article expressly stipulates that the lessor is obliged to make all the necessary repairs in the property leased. Necessary repairs include those which must be done to keep the thing leased suitable for the use to which it has been devoted.


In this case, the lessor must make all the necessary repairs in the house you are renting to keep it suitable for its intended use. This includes repairing the clogged drainage as it is essential to the fitness of the premises for continued occupation.


As a lessee, you have the option to suspend the payment of rent considering that the lessor unjustifiably refuses to make the necessary repairs. (Art. 1658, New Civil Code of the Philippines)


Also, you may ask for the indemnification of damages allowing the contract to remain in force or ask for its rescission plus indemnification of damages. (Art. 1659, Id.)


Source: Manila Times

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