Rent Control Law 2
Rent Control Law 2
Rent Control Law 2
Are you a landlord? Or a tenant? You might have heard that the Rent Control Act
of 2009 has been extended again, this time until December 31, 2020. This law is
beneficial for both landlords and tenants because it protects both parties from
conflicts when it comes to fulfilling each other’s obligations.
In this post, let us highlight the important provisions that both parties should be
familiar with for their own good.
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10/16/2019 Rental Control Act of 2009 (RA 9653) for Landlords & Tenants
R.A. 9653 defines rent as the amount paid for the use of a residential unit which is
usually paid on a monthly basis unless otherwise specified in a contract.
Residential units on the other hand are defined as either a separate dwelling place
or part of a bigger multi-dwelling place.
Buildings and apartments used for business but at the same time serves a
residence to its tenants are considered as residential units except for motels,
motel rooms, hotel, and hotel rooms.
This act applies to residential units in the National Capital Region and other highly
urbanized cities which rent at or below ₱10,000; and ₱5,000 or below in all other
areas in the country.
The Rent Control Act of 2009 does not cover units under a rent-to-own scheme
since a separate agreement for this is made between the owner and the tenant.
The Rent Control Act of 2009 (R.A. No. 9653) states that the lessor or the landlord
is not allowed to increase the rent more than seven (7) % annually if the unit is
occupied by the same tenant. The lessor is only allowed to change the rate for
new tenants once the unit becomes vacant.
Further, landlords whose units are dormitories, bed spaces, or boarding houses
that Shares
are rented to students are only allowed to increase the rent once a year.
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AdvancesBeand deposits:
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Stipulation on deposits and advances has also been included in The Rent Control
act of 2009 which further states that a lessor cannot demand from the tenant more
than one (1) month advance rent and more than two (2) months deposit. Any
accumulated interest of the deposit shall be returned to the tenant upon expiration
of the rental agreement.
However, this amount may be forfeited in instances where the tenants failed to
settle outstanding utility bills such as electricity and water. This amount may also
be forfeited and used to pay for damages done by the tenant to the property.
Subleasing guidelines:
The act also addresses issues on subleasing. It provides that a tenant is not
permitted to sub-lease the unit without a prior written consent from the landlord.
Doing such may be used as reasonable ground to evict the tenant from the rented
unit.
Aside from subleasing without the owner’s consent, other valid reasons for
eviction are as follows:
If the tenant fails to pay the required monthly rent for a total three (3) months.
In cases where the landlord refuses to accept the payment, the tenant may
deposit the payment by way of consignation to the appropriate court, or with
the city treasurer, the local barangay chairman, or deposit the amount to the
landlord’s bank account within one (1) month after the landlord’s refusal.
The tenant should also deposit the rent within ten (10) days of every current
month afterwards.
1. Provided the rent for a definite period has expired. i.e. 1 month, if the rent
is collected monthly or 3 months, if the rent is collected quarterly, etc.
2. Provided the owner has given the tenant 3 months advance notice. This
should give the tenant enough time to look for another place.
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10/16/2019 Rental Control Act of 2009 (RA 9653) for Landlords & Tenants
1. The evicted tenant should be given the first priority to rent the unit back
after the repairs.
2. If the landlord raises the rent, the new rate should be reasonably
proportionate with the expenses incurred for the repair.
In instances where the property has been sold or mortgaged to another owner, the
new owner cannot evict the existing tenant(s) just because he is the new owner.
The new owner still has to follow the above provision on evictions.
Persons, whether natural or juridical, who are found to have violated any of the
provisions of this Act will be subject to a fine of not less than ₱25,000 but not
more than ₱50,000.00, or imprisonment of not less than one (1) month and one (1)
day but not more than six (6) months, or both.
The Rent Control Act of 2009 has been signed into law on July 14, 2009 and
should have expired on December 31, 2013 but it was extended up to December
31, 2015 by the Housing and Urban Development Coordinating Council (HUDCC)
under the direction of the current vice president, Jejomar Binay.
Update: On June 8, 2015, the HUDCC further resolved to extend the effectivity of
R.A. No. 9653 up to December 31, 2017:
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10/16/2019 Rental Control Act of 2009 (RA 9653) for Landlords & Tenants
THEREFORE, BE IT RESOLVED,
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AS ITour
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HEREBY
RESOLVED THAT the HUDC Council, pursuant to its mandate
enshrined in RA No. 9653, implements the continued regulation of rent
to cover all private residential units in the country with monthly rent of
Php10,000 subject to the following conditions:
a. After the expiration of RA No. 9653 or the Rent Control Act of 2009
on 31 December 2015, rent control shall continue for a period of two
years or from 01 January 2016 to 31 December 2017 using the
inflation rate for 2014 of 4.1 % as basis for adjustment.
b. x x x x x
Full version:
You can read the full version / copy of the original signed Act below:
Page 1 of 7
Download
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10/16/2019 Rental Control Act of 2009 (RA 9653) for Landlords & Tenants
Do you Be realhelp
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your unit or residential/commercial
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property rented?
Disclaimer: The information in this post is not meant as legal advice and
should not be taken as such. See our full legal disclaimer.
Joanne Almaden
Joanne is a licensed real estate broker and appraiser. She founded Phil.
Property Expert, Inc. – a top-notch real estate services company whose
vision is being the most trusted company when it comes to competence
and quality of service.
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10/16/2019 Rental Control Act of 2009 (RA 9653) for Landlords & Tenants
Name
***Tenant A inquired shouldn't his rent increase take effect on his anniversary date? Meaning
if his lease started on January which auto-renewed every year for 5 years, shouldn't his rent
increase take effect also on January already of the following year? Landlord wants to
increase May this year and tenant's point if his lease had already started from January to
December 2017. So just rightful for Tenant A to get his rental increase by January 2018
already?
***The landlord only gave 2 months notice to increase the rent. Is this legal or is there a
number of months for landlords to advise their tenants of any rental increase?
And what if the 2 months had lapsed, does the landlord have the right to implement the
increase of Php800/month already even if they only received the letter and no agreement
see more
62 △ ▽ 1 • Reply • Share ›
2. If the original lease contract doesn't have a stipulation on automatic renewal for
the same yearly periods, then the provisions of law will apply. Under the New Civil
Code, in case a lessee continues to occupy the leased property for at least 15 days
after the end of the contract and the lessor does not oppose, there is an implied new
lease, not for the same period as in the original contract, but " .....from year to year, if
the rent agreed upon is annual; from month to month, if it is monthly; from week to
week, if the rent is weekly; and from day to day, if the rent is to be paid daily...."
In your case, assuming the lessees are paying rent on a monthly basis, then the
implied new contracts are only from month to month and not yearly. So, it wouldn't
be necessary to wait for the end of the supposed contract year if there are changes
to the rental rate.
2△ ▽ • Reply • Share ›
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Hi. I’m currently away from the Philippines and so as the payor/renter. I own a
townhouse in a private subdivision in Paranaque Never lived there but now
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10/16/2019 Rental Control Act of 2009 (RA 9653) for Landlords & Tenants
townhouse in a private subdivision in Paranaque. Never lived there but now
Be real estate
rentingsavvy starting
P15k/month today!
since 2013, to Download
a couple I know (only because
our Guide I used to
worked with the man as my Manager overseas and haven’t seen for 19yrs).
Only had communication thru facebook before. These man and wife are both
working in Mid East both Managers and only their 4 kids living in my house
with supervision of an adult family member. I let them live in the house rent
free on their first month, when they moved in because they couldn’t wait even
we were still waiting for the reconnection of water line and doing some
refurbishments. Helped and gave them a favour.
Now, my concern is they owe me about P100k+ equivalent of almost 9months
rent free. They always missed payments. We had our rent agreement contract
only the first year but only as formality as I know them and treated as a friend.
They paid 1 month advance and 2 months deposit but already used it up.
Kept promising to pay. They blocked me in fb for what obvious reasons, I dont
know. The only communication we have right now is thru viber? It is hard to
communicate and act as we both out of the Philippines. What will I do to get
rid of them and get the arrears back?
Pls help.
2△ ▽ • Reply • Share ›
In cases like yours, ang ginagawa namin is we forfeit the security deposit. Yung
security deposit po kasi, hindi pwede gamitin yun as rent nila. Security lang talaga
Shares dapat yun for charges other than the usual rent. At kung matapos ang lease na
walang kailangan i charge na extra then ibabalik yun ng buo rin sa kanila
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10/16/2019 Rental Control Act of 2009 (RA 9653) for Landlords & Tenants
walang kailangan i-charge na extra, then ibabalik yun ng buo rin sa kanila.
Be real estate savvy starting today! Download our Guide
So in the case you described, although late na nga lang 'tong reply namin, it wouldn't
be right kung papayagan nyo pa syang i-apply yung deposit nya for the next 2
months stay nya. Para sa next tenant nyo nalang mam.
△ ▽ • Reply • Share ›
Hello po. Ask ko lang po yung problem namin. Kailangan ko po yung response nyo para
maka tulong samin. 6 years na po kami umuupa sa pwesto ng tindahan namin. " Nakakapag
bayad naman po kami ng rent on time" never pa po kami hindi nakabayad. Ngayon po sabi
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i k d d k i h
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po nung may ari na kung pwede daw po kami maghanap na ng ibang pwesto kase
Be real estate
magpaparenovate silasavvy starting
ng bahay today!pong maalis
at posible Download
yungour GuideIn
pwesto.
short aalisin na
yung pwesto namin at wala na kami malilipatan. Yung tindahan din po namin yung source of
income namin at dun po kami kumukuha ng pinapang tuition sa school.
Ngayon po hindi po namin alam kung aalis po kami o ipaglalaban namin yung pwesto. Kung
aalis naman po kami wala kami ibang malilipatan na may assurance na makakaroon kami ng
sapat na kita. Kung ipaglalaban po namin yung pwesto may rights po ba kami?
49 △ ▽ 1 • Reply • Share ›
Sinabihan n namin ang umuupa sa bahay na gagamitin n nmin ang bahay at kailangan na
nilang umalis. Gusto po ng umuupa na gamitin ang dalawang buwan na deposito nila (hnd
sa amin ibinigay ng pinagsanlaan) at 3 month pa (na walang bayad) na nakasaad daw sa
batas.
Shares Hi, I would just like to us our current dilemma here in our rented apartment. We have been
living here for more than 38 years For the last decade wala na kami contract but we still
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10/16/2019 Rental Control Act of 2009 (RA 9653) for Landlords & Tenants
living here for more than 38 years. For the last decade wala na kami contract but we still
Be real acknowledgement
have siugned estate savvy starting today!
receipts Download
of monthly paymentsourfrom
Guide
the
owner.
Recently, the owner sold the property to another person without asking us if we would like to
purchase the property, which we want to and we can pay it in cash. Is this legal?
Also, the new owner is asking for P12,000 monthly rent which is a big increase from the
monthly P7,200 rent. From the article I have read above, if we are below or equal to P10,000
rent, our increase should not be more than 7% even if there is a new owner. We have never
vacated the property, not behind on any payments and all bills are paid.
Your urgent reply on this matter is greatly appreciated as we will be having talks tomorrow
on this tomorrow in the Barangay Office.
Thanks
7△ ▽ 2 • Reply • Share ›
Dan, under the law, verbal agreements are as valid as written ones.
Although, there are just some specific agreements that the law requires
to be put in writing. But these are just exemptions and the general rule
is that we should honor agreements, whether they be verbal or
otherwise.
At ganoon lang talaga dapat, kahit wala pang batas. Kasi hindi naman
natin pwede gawing excuse na dahil verbal lang ay pwede na tayong
atras-abante sa usapan. Ang gulo ng mundo kapag ganoon. Dapat po
natin panindigan ang bawat pangako or salita na binitawan. Lalo na
kung may kabilang panig na umasa dun sa binitawan nating salita.
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10/16/2019 Rental Control Act of 2009 (RA 9653) for Landlords & Tenants
△ ▽ • Reply • Share ›
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ivy • 14 days ago • edited
my hubby had the verbal agreement with landlord a year ago and agreed on negotiations for
a month advance but no deposit. landlord does not provide receipts for rental payment so
hubby takes note of his payment with the landlords signature for payments he received for
rental and electricity. but a month ago my hubby was diagnosed with dengue causing us a
delay in monthly rental for the month of september which is supposed to be paid on the 1st
of each current month.our landlord agreed we could pay on the 30th of the same month.
However, on the 30th, which is the promised day we failed to make a payment due to our
youngest daughter @4 yo was suspected of dengue (which turned out to be hand, foot and
mouth disease) but still needs medication. so the cash we reserved for rental payment was
used for the child's medication and consultation fees, etc. i tried negotiating to extend at
least 2 weeks for the rental payment but landlord disagreed. that same month of september i
paid for the whole compound's electric bill of 2200.00php where 1200.00 is covered by
landlord and the rest is our share (take note we don't have submeters) but since landlord
was not in the province that time and may not be able to personally make the payment, he
requested me to make a payment on his behalf and for the meantime cover his share of the
electric bill to be deducted from the monthly rental which i agreed.
th 2 d f th f ll i th( t b )h b ht l ti i d th t d
see more
△ ▽ • Reply • Share ›
Two (2) months ago(end of July or 1st week of august?) yung owner po ng apartment is nag-
lagay na ng signage na "House and Lot For Sale". This August 15(i'm not sure sa exact
date), nagkaroon na po ng buyer and nagbayaran na po sila. Dito po sila nag-meet sa
apartment. Gusto po nung buyer na lalake is agad-agad umalis na po kami ng apartment
pero yung asawa po na babae is considerate and nagbanggit na wag naman daw po agad-
agad kaming paalisin at bigyan ng ilang buwan para makapaghanap. After po ng pag-uusap
nila dito sa apartment, sabay po sila(owner and buyer) umalis para po sa bank magbayaran.
Nagkaroon din po sila(between owner and buyer) ng agreement na bibigyan po kami ng
2mos. para makahanap ng malilipatan. Two months na lang po hiningi namin sakanila dahil
nagmamadali nga po yung buyer na maipayos or matibag yung bahay.
Shares
Wala pa pong one week, nagtitibag na po sila sa katabi naming apartment(duplex po yung
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10/16/2019
p p g , gRental Control
g Act p of 2009 (RA 9653) for Landlords g& Tenants
p ( p p y g
apartment). Wala
Be real silang
estate permit
savvy from officials
starting today! na magtitibag
Download naour sila. Nagfa-follow
Guide up na rin po
il k k il k i k k li t k i t i il tib i t t
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ask ko lang po kung pwede pdin gamitin tong law na ito, kasi po yung may ari nung
inuupahan naming bahay eh bigla nalang po kami pinaalis 8 months palang po kmi wala
kming palya sa pagbabayad ng monthly rent namin which is 2,500/month ok lang naman po
na paalisin kami kaso po ininform po kmi nung may ari bago kami mag bayad ng rent for the
month of july dahil umuulan daw po nababasa sila pero hanggang ngaun po di naman sila
lumilipat august 27 na.tapos madaling madali silang paalisin kami eh di pa gawa yung
lilipatan nmn. so dahil ganun po yung nangyare di nakmi nag bayad ginamit napo namin
yung deposit tapos may may isa pa po kmi deposit for the month of august ang gusto po
nung may ari umalis na kmi agad eh wala pa pong 1 month nung sinabi nila na umalis na
kmi sa bahay nila and nanghihingi po kmi ng extension para po mapagawa namin yung
lilipatan namin and wala po silang konsiderasyon mga bastos po sila kausap. ang sabi po
samin basta sa august 14 umalis na kayo diyan tas lagi pong sumisigaw sa labas ng bahay
namin ng iiskandalo po eh dalawang beses nya po yung ginawa nung may ari palibahasa
pulis po kasi. bali nakalipat po kami ng august 19 katabi lng po nung bahay nila. sukat pong
sumugod samin tas nagsisigaw po ang pinabayaran agad yung bill ng kuryente at tubig wala
po kming utang sa meralco at tubig and kadarating lang po nung bill . kinabukas ko po
binayaran namin agad. na video din po nung kapatid ko yung pag sugod pa samin nung
may ari dalawa po silang mag asawa may sakit pa naman po yung mama ko and kapatid
knowing na mas may edad mama ko sa knila tas nagsisigaw po sila.hindi po sila marunong
mag pa upa at rumespeto sa tao porket mga pulis po sila. maayos po kmi makipag usap 20
yrs na po kmi nangungupahan ngayon lng kmi nakatagpo ng ganun klaseng tao. gsto ko din
po sana ipabarangay kasi po nakahiya yung ginawa nila samin wala po kming ginawa sa
knilang masama.
△ ▽ • Reply • Share ›
technically, 15% is illegal. pero kahit ipabaranggay mo ang landlord, wala ding
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mangyayari.
△ ▽ • Reply • Share ›
We hope you can give us an advise. All we want is to get a new tenant. We dont even know
what to do with all their things, including a motorcycle parked in the garage. Thanks so
much.
△ ▽ • Reply • Share ›
Just wanted to check what would be the next step if I still cannot get my Security Deposit.
The owner kept on delaying it I've done everything to ask for my deposit but I get the same
reason where the owner is not available to sign the cheque blah blah and that the owner did
not report for work that day or that the owner is on vacation, I don't think it is right to keep
me waiting and giving me promises.
I already had them blotter in the barangay however even after doing so they still fail to
provide me my security deposit.
I ended my contract with them on January 31 and it's already April but I still haven't got my
refund. It is way beyond 2 months already.
The contract says that the security deposit should be returned to me after 60 days
△ ▽ • Reply • Share ›
may idudulog lang po sana ako sa inyo. need ko lang ng konting kaalaman
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Be real
ang aking mgaestate savvy
magulang aystarting today!mag renta
nagsimulang noon 1970
Download our sa kanyang
Guide pinsan ( may ari
ng lupa at bahay) at sila po ngayon ay patuloy na rumerenta hanggang ngayon 2019 kada
dekada ay tumaas ang renta namin, at hindi namin ito itatangi. ang katanungan ko lang po
ay 49 years na po kaming rumerenta ng kwarto na ito ay sinimulang ng aking magulang at
kanyang pinsan ( may ari ng lupa) na walang kontrata , nag usap lang ang mga matatanda
ng "salita " lamang dahil sila ang ay mag pipinsan. dumating po 2107 ang punto. na nakiki
alam na ang mga anak ng may ari ng bahay , pinag bawalan na kaming maglaba sa dating
"labahan" pinagbawalan na rin kaming gumamit ng natitirang espasyo dahil ito ay naging
garahe na nila, pinapa alis na ang gripong naailagay namin sa loob ng banyo na ito naman
ay "common CR" at ng pumanaw na po ang matandang may ari ng bahay ay kami po ay
pinaapalis na. sa dahilan na hindi kami nakakabayad ng renta on time pero nag babayad
naman kami at hindi umaabot ng 3 months dahil ayun ito sa batas.
ang tanong ko po may karapatan po ba kami na maireklamo ang ginagawa po ng may ari o
wala kaming karapatan na mag reklamo na?
△ ▽ • Reply • Share ›
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