Dear PAO:

I have been leasing a bungalow house for nine months. Unfortunately, the kitchen sink is not draining properly, causing puddles of water to form inside the house. I informed my landlord about this, but he has not taken action to resolve it and has ignored my calls and text messages. I’m concerned about my family’s health and safety. I am contemplating withholding the monthly rent until my landlord solves the problem. Is this action legal?

Derek

Dear Derek,

To answer your question, we shall refer to Article 1654, paragraph 2 of the Civil Code of the Philippines, which enumerates the obligations of the lessor:

“Article 1654. The lessor is obliged:

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

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

“To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract.” (Emphasis supplied)

According to this provision, the lessor is obliged to make all the necessary repairs to ensure the property remains suitable for its intended use. Necessary repairs include those which must be done to keep the thing leased suitable for the use to which it has been devoted. Thus, in your case, the lessor is responsible for repairing the defective kitchen sink to maintain the property in a habitable condition.

You also mentioned that you are contemplating suspending your rental payments. The remedy of the lessee, in case the lessor fails to make necessary repairs, is laid out under Articles 1658 and Article 1659 of the Civil Code of the Philippines, which state that:

“Article 1658. The lessee may suspend the payment of the rent in case the lessor fails to make the necessary repairs or to maintain the lessee in peaceful and adequate enjoyment of the property leased.

“Article 1659. If the lessor or the lessee should not comply with the obligations set forth in articles 1654 and 1657, the aggrieved party may ask for the rescission of the contract and indemnification for damages or only the latter, allowing the contract to remain in force.”

Thus, as a lessee, you have the right to suspend the payment of rent if the lessor fails to undertake necessary repairs. Moreover, if your lessor refuses to comply with his obligations as set forth in Article 1654 of the Civil Code of the Philippines, you may seek recision of the lease contract and claim damages, or alternatively, seek damages while allowing the contract to remain in effect.

This opinion is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attomey’s Office. Questions for Chief Acosta may be sent to [email protected].