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Is accepting a bed spacer on a rented apartment illegal?

The bedspace phenomenon


According to a recent study, 30% of Filipinos prefer to rent than to buy property. A huge part of that 30% are the employees who are living in bed space condition. Bed space and ordinary rent differ from each other in a way that the renter will only occupy the bed or their personal space. Renting a house or an apartment means that the renter has some authority over the property while the bed spacer will only mind the space that he or she is allotted to.


Because of the huge demand, more and more people are getting involved in the business. The bed space phenomenon has opened many doors to many people.


Is accepting a bed spacer on a rented apartment illegal?


In general the provisions of the contract between the parties to determine their respective rights and obligations. If your contract of lease does not state anything regarding the accommodation of a bed spacer, one needs to look into the provisions of pertinent laws. Republic Act (RA) 9653, otherwise known as the "Rent Control Act of 2009," is applicable on the matter. Section 8 thereof states that:


"Section 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 bed spacers, without the written consent of the owner/lessor is prohibited."


Based on the foregoing provision of the law, we submit that there is nothing inherently illegal or unlawful about accepting a bed spacer to occupy, in whole or in part, the residential property which you are renting, provided that you secure first the written consent of your lessor or the owner of said property.


It bears stressing that it is important to secure the consent of your lessor or the owner of said property before you accept or accommodate a bed spacer because failure to do so may give rise to a cause for ejectment. Section 9 of RA 9653 expressly provides:


"Section 9. Grounds for Judicial Ejectment. - Ejectment shall be allowed on the following grounds:


"Assignment of lease or subleasing of residential units in whole or in part, including the acceptance of boarders or bed spacers, without the written consent of the owner/lessor;"


Accordingly, it is best to get in touch with your lessor and inform him or her about your plans of taking in a bed spacer to help you out with the payment of your rental fees. Should your lessor be amenable to it, make sure that you obtain his or her written permission so as to avoid future dilemma on the subject matter.


Source: Manila Times

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