I was reading this article from a newspaper the other day and something caught my attention regarding my situation as an owner of an apartment. In any case happened, any written agreement is important. The situation goes on:
I am an apartment lessor. Sometimes my tenants are so late in their payment of rent. I am thinking of withholding their supply of water or electricity to remind them that their rent is not paid. Is it legal for me to do such action? What are the rights and privileges of landlords and of tenants?
By the way, I have means of locking out their electric supply as well as the water if I have to.
Thank you very much.
Dolly
By the way, I have means of locking out their electric supply as well as the water if I have to.
Thank you very much.
Dolly
A response from a lawyer:
Dear Dolly,
We understand from you that you are leasing apartments to several persons. As owner of an apartment being leased, you are designated by law as the “lessor” and the renters of the apartment as the “lessees”. To determine the obligations and rights of each one of you, it is important for you, the lessor, to review the stipulations contained in the written contract, if there is one. Otherwise, the law that will govern your relationship is the Law on Lease under the New Civil Code of the Philippines.
In your case, we will assume that there is no written contract between you and your lessees. Thus, the Law on Lease applies.
Section 2 which includes Articles 1654 to 1679 of Title VIII of Book IV of the New Civil Code enumerates the rights and obligations of a lessor and a lessee. We will only discuss the provisions of the law that are pertinent to your query.
Article 1654 of the New Civil Code dictates the obligations which a lessor must assume in a contract of lease, to wit:
“Art.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.”
On the other hand, Article 1657 provides for the obligations of a lessee, to wit:
“Art. 1657. The lessee is obliged:(1) To pay the price of the lease according to the terms stipulated;
(2) To use the thing leased as a diligent father of a family, devoting it to the use stipulated; and in the absence of stipulation, to that which may be inferred from the nature of the thing leased, according to the custom of the place;
(3) To pay expenses for the deed of lease.”
Impliedly, one of your rights as a lessor is to receive payment for the price of the lease. Corollary to this however is your obligation to maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract. Although your lessees have failed to settle their account on time, this would not be a valid excuse for you to renege from your obligation to maintain their enjoyment of your apartment.
Furthermore, Article 19 of the New Civil Code provides that every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, observe honesty and good faith. Thus, you cannot rightfully cut the supply of water and electricity of your lessees without violating the laws.
Your remedy is to ask for the rescission of the contract and indemnification for damages by filing a case in court, or only the latter, allowing the contract to remain in force (Art. 1659, New Civil Code).
We hope that we were able to enlighten you on the matter. Please take note however, that all the information contained herein are based on our appreciation of the facts you provided us with. A different legal opinion may be given if other facts not included in your query will be discussed.
Dear Dolly,
We understand from you that you are leasing apartments to several persons. As owner of an apartment being leased, you are designated by law as the “lessor” and the renters of the apartment as the “lessees”. To determine the obligations and rights of each one of you, it is important for you, the lessor, to review the stipulations contained in the written contract, if there is one. Otherwise, the law that will govern your relationship is the Law on Lease under the New Civil Code of the Philippines.
In your case, we will assume that there is no written contract between you and your lessees. Thus, the Law on Lease applies.
Section 2 which includes Articles 1654 to 1679 of Title VIII of Book IV of the New Civil Code enumerates the rights and obligations of a lessor and a lessee. We will only discuss the provisions of the law that are pertinent to your query.
Article 1654 of the New Civil Code dictates the obligations which a lessor must assume in a contract of lease, to wit:
“Art.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.”
On the other hand, Article 1657 provides for the obligations of a lessee, to wit:
“Art. 1657. The lessee is obliged:(1) To pay the price of the lease according to the terms stipulated;
(2) To use the thing leased as a diligent father of a family, devoting it to the use stipulated; and in the absence of stipulation, to that which may be inferred from the nature of the thing leased, according to the custom of the place;
(3) To pay expenses for the deed of lease.”
Impliedly, one of your rights as a lessor is to receive payment for the price of the lease. Corollary to this however is your obligation to maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract. Although your lessees have failed to settle their account on time, this would not be a valid excuse for you to renege from your obligation to maintain their enjoyment of your apartment.
Furthermore, Article 19 of the New Civil Code provides that every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, observe honesty and good faith. Thus, you cannot rightfully cut the supply of water and electricity of your lessees without violating the laws.
Your remedy is to ask for the rescission of the contract and indemnification for damages by filing a case in court, or only the latter, allowing the contract to remain in force (Art. 1659, New Civil Code).
We hope that we were able to enlighten you on the matter. Please take note however, that all the information contained herein are based on our appreciation of the facts you provided us with. A different legal opinion may be given if other facts not included in your query will be discussed.
