Condominiums are a hot commodity right now in the Philippines probably because of their numerous advantages. Specifically, condos feature many desirable amenities, such as gym and fitness club, pool, and recreation center. In addition, condominiums for rent in the Philippines, like those by DMCI Homes, are near the business district, making them a good property to rent.
In as much as living in a condo is a good idea, being a first-time condo renter means that you might be unaware of the rights you have as a tenant. It's a must that you read up on the rental law in the Philippines. Knowing your rights is important so that you are fully aware of what you can or can’t do legally as a condo renter.
In addition, being aware of the rental law in the Philippines will not only give you an idea of what your condo lessor can legally do but it will also help you become a better, more responsible condo renter. This in turn fosters a good relationship between you and your condo owner or property manager. Here we give you seven condo rights you should know as a condo renter.
1. Annual Increase Of Rent
According to Section 4 of the Rent Control Act of the Philippines, if your rent is not more than 10,000 pesos per month, then the rent for your condo unit shall not be increased by more than 7 percent annually. Therefore, you can be at ease that your budget will not go ballistic just because of a condo rent increase.
However, once your condo unit becomes vacant, the lessor can set a different amount for the next lessee.
2. Advance Payment And Deposit
Before settling in to your new condo unit, you may need to pay some advance rent first. But did you know that your lessor cannot ask payment for more than one month in advance?
In addition, your lessor cannot demand for more than two months deposit. This deposited money should also be kept in a bank under your name, until your lease duration has ended.
This two months deposit will be given back to you after your lease has ended. However, take note that if you fail to settle your rent, electric, telephone, or other bills or if you have done damages to the property or its other accessories, then the condo owner has the right to take away an amount commensurate to the damages done, as it violates your lease contract.
3. Rules On Accepting Boarders/Bedspacers
You may have several rights as a lessee, but you need to take note that being a lessee requires you to follow some rules. For instance, one of the things you cannot do is accept boarders or bedspacers without the written consent of the condo owner. Therefore, if you are planning to take in roommates so that your condo rent will be reduced, you have to get first the permission of the condo owner. Doing so without the consent of your lessor is against the law and may be used as grounds for ejectment.
4. Rules For Ejectment
As a condo renter, you should know when you can be ejected or not from your leased condo unit. Thanks to the rental law in the Philippines, you can sleep soundly through the night confident that you won’t get kicked out of your leased condo just because the owner suddenly wants you to.
Nonetheless, the condo owner still has the right to eject his tenants on the following grounds; if the tenant accepted boarders or bedspacers without the owner’s consent; if the lessee has not paid rent for a total of three months; if the owner has legitimate need to repossess his property for his own use or for the use of any immediate member or his family; if the lessor needs to make necessary repairs of the condo unit, as per the order of appropriate authorities, to make the condo unit safe and habitable; and if your contract has already expired.
However, if the condo owner wanted you out because of his legitimate need to use his condo unit, then the owner should give you formal notice three months in advance. In other words, as a lessee, you have the right to be given advance notice so that you’ll be given enough time to find a new condo unit to relocate to. Aside from this, the condo unit cannot be leased to another party for at least 1 year from the time of repossession.
5. Ejectment Notice
If the condo owner has the legal right to eject you and has given you three months’ notice (except for failure to pay rent), then he still needs to give you a three-day notice regarding the eviction. You as a tenant need to leave the condo of your own accord. If you choose to stay after this date, then the owner can file an unlawful detainer case against you in the proper court.
6. Failure To Pay Rent For Three Months
You may be asking, what happens if I failed to pay rent for three months? As mentioned, the condo owner has the right to evict you from his condo if you have failed to pay rent for three months. When this happens, the condo owner will sue you and wait for a writ from the courts stating abandonment.
If you are being evicted because of failure to pay rent, then you need to pay rent before the actual day of ejectment. However, if you failed to pay rent, the situation will be taken to the court system.
Nonetheless, as a condo renter, you have the right not to be evicted personally by the condo owner. Only the police can evict you, the tenant, under court order. If the condo owner evicts you personally, then he may face serious consequences for his action.
7. Locks
One of your many rights as a renter is that the condo owner cannot change the locks of your unit just to keep you out. If the condo owner has valid claim of keeping you out of his property, then he needs to go through the proper process of ejectment. If the owner fails to follow this, then he may face serious fines or, worse, be sentenced to jail.
Living in a condo of your own has many perks and advantages. However, if you are planning to rent one for the first time, there are a few things you should take note of, such as the rental law in the Philippines. By doing so, you can avoid any legal issues in the future and have a smooth-sailing tenancy agreement with your condo owner.
Key Takeaways
In the Philippines, there are a number of laws in place that protect the rights of condo renters. These laws cover a wide range of topics, from security deposits to repair and maintenance. As a renter, it's important that you're familiar with these laws so that you can safeguard your rights.
- Take note that security deposits are typically equal to one month's rent. Although this may vary, it's a good general rule to follow. This deposit is meant to cover any damages that you may cause to the unit during your stay. It's important to get this in writing so that you have a record of it.
- Remember that as a renter, you have the right to request repairs and maintenance from your landlords. If there are any issues with the unit that make it uninhabitable, your landlord is obligated to fix them in a timely manner. You also have the right to withhold rent if the repairs are not made in a timely manner.
- Make sure that you familiarize yourself with your rights as a condo renter in the Philippines. It may take some time to fully understand all the laws, but it's important to know what you're entitled to. This way, you can guard your rights and enjoy a stress-free rental experience.
Knowing your rights as a condo renter in the Philippines is essential to having a positive renting experience. If you're ever in doubt, be sure to consult with a lawyer or legal advisor to get clarification. Nevertheless, renting a condo is still a good option for many people, so long as you're aware of your rights and responsibilities.
To learn more about DMCI Homes pre-selling and ready for occupancy projects, units for lease, and special promos, log on to www.dmcihomes.com or call (632) 5324-8888. You can also check out https://leasing.dmcihomes.com/ for currently available condos for rent.
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