Dear PAO,

I have been leasing a house for almost a year now. I informed the owner that the drainage in the kitchen sink is not working. The clogged drainage causes puddles of water to form whenever we use it. We also need to put a large pail below the sink to catch the leaking water and prevent flooding inside the house. Despite this, the lessor still refuses to hire a plumber to fix the defective sink. Can I stop paying my monthly rent until the lessor repairs the kitchen sink?

Bena

Dear Bena,

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

“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 above provision of law expressly stipulates that the lessor is obliged to make all the necessary repairs to 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 your case, the lessor must make all the necessary repairs in the house you are renting to keep it suitable for its intended use, including repairing the kitchen sink.

Since your lessor unjustifiably refuses to make the necessary repairs to the kitchen sink, you have the option, as lessee, to suspend the payment of rent. 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 in accordance with the Articles 1658 and 1659 of the New Civil Code of the Philippines, viz.:

“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.”

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

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