Who Pays for Repairs: Landlord or Tenant?
Quick answer: The landlord is generally responsible for necessary repairs that keep the leased property suitable for its intended use, unless the lease validly provides otherwise. The tenant is responsible for using the property with proper care and may be liable for damage caused by misuse or negligence.
The landlord’s general duty
Article 1654 of the Civil Code requires the lessor to make necessary repairs during the lease to keep the property suitable for its intended use, unless there is a stipulation to the contrary.
The tenant must report repair needs
Article 1663 requires the lessee to notify the owner as soon as possible of repairs covered by Article 1654. If the landlord fails to make urgent repairs and there is imminent danger, the tenant may arrange the repairs at the landlord’s cost, subject to the circumstances and proof.
Urgent repairs during the lease
Article 1662 requires the tenant to tolerate urgent repairs that cannot be delayed until the lease ends. If the repairs last more than forty days, the rent is reduced in proportion to the time — including the first forty days — and to the part of the property the tenant was deprived of. If necessary work makes the part needed as a dwelling uninhabitable, the tenant may have a right to rescind. Tolerating urgent work is not the same as giving the landlord open access; see when a landlord may enter the leased unit.
Tenant-caused damage is different
A tenant must use the property with proper care and return it at the end of the lease, except for ordinary wear and tear or inevitable deterioration. Damage caused by misuse can support a claim against the tenant or the security deposit.
Evidence to preserve
- Lease provisions on repairs
- Photos before and after the damage
- Written repair requests
- Contractor estimates and receipts
- Evidence of the cause of the damage
Your options and what to do next
If you are the tenant and the landlord will not repair
- Notify the landlord in writing now. Article 1663 obliges you to advise the owner “with the same urgency” of the need for repairs under Article 1654, and you can be liable for damage your delay causes. Send a dated message or letter with photos and keep proof of sending.
- Check your lease. Article 1654(2) makes necessary repairs the landlord’s duty “unless there is a stipulation to the contrary,” so a clause shifting some repairs to you can change the answer.
- Urgent danger only: repair and charge the landlord. Under Article 1663, “if the lessor fails to make urgent repairs, the lessee, in order to avoid an imminent danger, may order the repairs at the lessor’s cost.” Keep the contractor’s quotation, official receipts and photos, and tell the landlord before and after the work. Do not deduct the cost from rent on your own without the landlord’s written agreement; unpaid rent is a ground for judicial ejectment under Article 1673.
- Send a formal demand. If the landlord still refuses, send a written demand to repair within a stated reasonable period. Under Article 1659, when the lessor does not comply with Article 1654 you may ask for rescission of the lease and damages, or damages only while keeping the lease in force. See when a demand letter is required for breach of contract.
- Barangay, then court. Barangay conciliation (Katarungang Pambarangay) is often a required first step before a court case between people living in the same city or municipality. We could not retrieve the Local Government Code text this run, so ask your barangay whether it applies to your dispute. If no settlement is reached, a civil case for damages, rescission or reimbursement follows; the Public Attorney’s Office can assist qualified tenants.
If you are the landlord and the tenant caused the damage
- Document the condition. Photograph the damage and compare it with move-in photos or the inventory. Under Article 1667 the tenant is responsible for deterioration or loss “unless he proves that it took place without his fault,” but that burden does not apply to damage from earthquake, flood, storm or other natural calamity.
- Separate wear and tear. Article 1665 excuses loss or impairment “by the lapse of time, or by ordinary wear and tear, or from an inevitable cause,” so charge only for damage beyond that.
- Demand payment or repair in writing, with an itemised estimate. If the tenant used the property in a way that caused the deterioration, Article 1673(4) allows judicial ejectment; Article 1659 allows rescission and damages, or damages only.
- Deposit deductions. If you deduct repair costs from the security deposit, give the tenant an itemised list with receipts. See when a landlord may deduct from the deposit.
Deadlines
The Civil Code sets two timing rules for repairs: the tenant must advise the owner of needed repairs with the same urgency the law requires for reporting third-party intrusions, “within the shortest possible time” (Article 1663), and a rent reduction applies when urgent repairs last more than forty days, counting the first forty days (Article 1662). No single filing deadline for a repair claim was verified for this guide; the period depends on the type of action, so act promptly and ask PAO or a lawyer if the dispute is old.
First action: send the other party a dated written notice with photos today, and keep a copy. It is the evidence every later step depends on.
Related guides
See landlord access for repairs, security-deposit deductions, and early termination by the tenant.
For the complete issue map, remedies and related landlord–tenant questions, use the Lease and Rental Disputes hub.
Primary legal source
Sources rechecked as of: September 30, 2026