Rent Control Act: Who Is Covered and How Much Rent Can Rise
Short answer: The Rent Control Act of 2009 (RA 9653) protects residential tenants paying low monthly rent. Under the extension DHSUD announced for 2025–2026, it covers residential units renting at ₱10,000 a month or less, and for 2026 the rent of a unit kept by the same tenant since 2025 may rise by no more than 1%. Units above ₱10,000, new units and commercial spaces are not capped.
This guide is a coverage checker: it walks you through whether your unit falls under rent control, what the cap allows in pesos, what other protections come with coverage, and where to go if a landlord breaks the rules. If your question is only whether a landlord can raise rent in the middle of a lease, see Can a Landlord Increase Rent During the Lease?
The rule at a glance
| Question | Short answer | Source |
|---|---|---|
| Covered units | Residential units at ₱10,000 a month or less, per the 2025–2026 DHSUD extension | RA 9653 Secs. 5–6; NHSB Resolution No. 2024-001 |
| Cap for 2026 | 1% a year, if the same tenant has occupied the unit since 2025 | NHSB Resolution No. 2024-001 (DHSUD release, Jan. 6, 2025) |
| Not capped | Units above ₱10,000, units leased to a new tenant after a vacancy, new units, motels and hotels | RA 9653 Secs. 3–4; DHSUD release |
| Other protections | One month advance, two months deposit, eviction only on listed grounds, no eviction because the unit was sold | RA 9653 Secs. 7, 9, 10 |
| After 2026 | No 2027 extension found on official sources as of October 11, 2026; check DHSUD | RA 9653 Sec. 6 |
The sections below explain each point, then give separate next steps for tenants and landlords.
How does rent control work after 2013?
RA 9653 took effect in 2009. Its own rent cap ran only “until December 31, 2013”: no increase for the first year, then no more than 7% a year “as long as the unit is occupied by the same lessee” (Sec. 4). The law did not end there. Section 6 gave the housing coordinating council “the authority to continue the regulation of the rental of certain residential units, to determine the period of regulation and its subsequent extensions if warranted, to determine the residential units covered and to adjust the allowable limit on rental increases per annum.”
That council, the HUDCC, was consolidated with the HLURB into the Department of Human Settlements and Urban Development (RA 11201, Sec. 4). Today the extensions are issued as resolutions of DHSUD’s National Human Settlements Board (NHSB). So the practical answer to “Is rent control still in force?” always depends on the latest NHSB resolution, not only on the 2009 text.
The resolution in force for 2025 and 2026 is NHSB Resolution No. 2024-001. According to the DHSUD release published by the Philippine Information Agency on January 6, 2025, it set a 2.3% cap for 2025 and a 1% cap for 2026 for units at ₱10,000 a month or less.
Is my unit covered? A five-point check
Answer these five questions in order. If any answer is “no”, the rent cap most likely does not apply and your lease and the Civil Code govern the rent.
- Is it a residential unit? The Act defines a residential unit as “an apartment, house and/or land on which another’s dwelling is located and used for residential purposes,” including “dormitories, rooms and bedspaces offered for rent by their owners, except motels, motel rooms, hotels, hotel rooms” (Sec. 3). A space used for a home industry or a sari-sari store still counts if the owner and family actually live there and use it principally as a dwelling. A purely commercial stall or office does not.
- Is the total monthly rent ₱10,000 or less? The 2025–2026 cap applies to units at ₱10,000 or less; “Units with rents exceeding P10,000 per month are exempted,” according to the DHSUD release.
- Has the same tenant stayed on? The 2026 limit applies to units “occupied by the same tenants as of 2025” who continue to occupy or renew in 2026. When a unit becomes vacant, the landlord may set the rent for the next tenant (Sec. 4; DHSUD release).
- Is it an older unit? Per the DHSUD release, new residential units built or leased out in 2025 “may set their own rent.”
- Is it a plain lease, not a rent-to-own deal? A written rent-to-own agreement that will transfer ownership to the tenant is exempt from the Act’s coverage section (Sec. 11).
A point to confirm if you live outside Metro Manila. The 2009 text drew two lines: ₱1 to ₱10,000 for units in the National Capital Region and other highly urbanized cities, and ₱1 to ₱5,000 for units “in all other areas” (Sec. 5). The DHSUD announcement for 2025–2026 describes covered units simply as those at ₱10,000 or less, without separating regions. If your unit is outside NCR and outside a highly urbanized city and the rent is between ₱5,001 and ₱10,000, ask the DHSUD regional office whether it is covered before relying on the cap.
How much can the rent go up?
For a covered unit occupied by the same tenant, the cap is a percentage of the current monthly rent, applied once for the year. The table below uses the 2026 limit of 1% under NHSB Resolution No. 2024-001, as announced by DHSUD.
| Current monthly rent | Maximum 2026 increase (1%) | Highest 2026 rent |
|---|---|---|
| ₱3,000 | ₱30 | ₱3,030 |
| ₱5,000 | ₱50 | ₱5,050 |
| ₱8,000 | ₱80 | ₱8,080 |
| ₱10,000 | ₱100 | ₱10,100 |
| ₱12,000 | Not capped (above ₱10,000) | Set by the lease and negotiation |
Formula: current monthly rent × 1% = maximum peso increase for 2026. Round to the centavo. If the landlord already raised the rent once in 2026, a second increase in the same year would generally exceed the annual limit. For boarding houses, dormitories, rooms and bedspaces offered to students, the Act adds a second rule: “no increase in rental more than once per year” (Sec. 4).
The cap limits what the landlord may charge; it does not give the landlord a right to raise rent mid-term. A rent fixed in a running lease binds both sides until the term ends unless the lease itself allows an increase. That question is covered in our mid-lease rent increase guide.
What else does coverage give a tenant?
Rent control is not just a percentage. RA 9653 also contains these rules for covered units:
| Protection | What the Act says | Section |
|---|---|---|
| Advance rent | The lessor “cannot demand more than one (1) month advance rent.” | Sec. 7 |
| Deposit | No more than two months’ deposit, kept in a bank under the lessor’s name; interest goes back to the tenant at the end. | Sec. 7 |
| Due date of rent | Within the first five days of the month, unless the lease sets a later date. | Sec. 7 |
| Subleasing | Assigning, subleasing or taking in boarders or bedspacers needs the owner’s written consent. | Sec. 8 |
| Eviction grounds | Only the listed grounds, through court (ejectment) — see the next section. | Sec. 9 |
| Sale of the unit | No ejectment because the unit was sold or mortgaged, registered or not. | Sec. 10 |
| Month-to-month leases | Civil Code Art. 1673(1) (expiry of the period) is suspended, except for a lease with a definite period. | Sec. 12 |
For how deposits are returned and what may be deducted, see Security Deposit Rules in the Philippines.
When can a covered tenant be evicted?
Section 9 allows judicial ejectment of a covered tenant only on these grounds:
- Subleasing or assigning the unit, or accepting boarders or bedspacers, without the owner’s written consent.
- Rent arrears “for a total of three (3) months.” If the landlord refuses the agreed rent, the tenant may deposit it by consignation “in court, or with the city or municipal treasurer, as the case may be, or barangay chairman, or in a bank in the name of and with notice to the lessor, within one (1) month after the refusal,” then deposit monthly within ten days. Failing to deposit for three months is itself a ground.
- The owner’s legitimate need to use the unit for the owner or an immediate family member, but only after a lease for a definite period has expired, with formal notice three months in advance, and with a ban on renting it to a third party for at least one year after repossession.
- Necessary repairs under an existing condemnation order, with the evicted tenant given first preference to lease after repair.
- Expiration of the period of the lease contract.
Because Article 1673(1) of the Civil Code is suspended for covered units “except when the lease is for a definite period” (Sec. 12), a covered tenant on a month-to-month arrangement under Article 1687 cannot be removed merely because a month ended. Every eviction still needs a court case: the landlord must make a written demand and file within one year in the Municipal Trial Court (Rules of Court, Rule 70, Secs. 1–2). Padlocking, cutting utilities or removing belongings is not a lawful substitute — see Can a Tenant Be Evicted Without a Court Order? and the step-by-step ejectment guide.
What happens if a landlord violates the Act?
A violation of any provision of RA 9653 is a criminal offense. Section 13 sets “a fine of not less than Twenty-five thousand pesos (P25,000.00) nor more than Fifty thousand pesos (P50,000.00) or imprisonment of not less than one (1) month and one (1) day to not more than six (6) months, or both,” against any person, natural or juridical, found guilty. Because it applies to “any person,” it is not limited to landlords.
On the civil side, an overcharge can be refused or, if already paid, claimed back. A landlord who collected more advance or deposit than Section 7 allows can be asked in writing to return the excess.
Your options and what to do next
| Option | When it fits | Where to go | Timing |
|---|---|---|---|
| Written objection | Increase above the cap, or excess advance or deposit | Directly to the landlord, with proof of sending | Before the new rent takes effect |
| Consignation of rent | Landlord refuses to accept the lawful rent | Court, city or municipal treasurer, barangay chairman, or bank (Sec. 9) | Within one month after the refusal, then monthly within ten days |
| Barangay conciliation | Both parties are individuals living in the same city or municipality | Barangay where the unit is located (RA 7160 Sec. 409(c)) | Filing interrupts prescription for up to 60 days (Sec. 410(c)) |
| Report to DHSUD | Questions on coverage or a cap violation | DHSUD regional office | No fixed period verified; act promptly |
| Criminal complaint | Clear violation of RA 9653 | Office of the city or provincial prosecutor | Ask the prosecutor; do not wait |
Barangay conciliation is required before going to court for disputes within the lupon’s authority (Local Government Code, Sec. 412(a)), but only between parties “actually residing in the same city or municipality,” and not for offenses punishable by more than one year of imprisonment or a fine over ₱5,000 (Sec. 408). Because the RA 9653 fine starts at ₱25,000, a criminal complaint under Section 13 is outside the barangay’s authority; the money and possession side of the same dispute usually is not. Only individuals may file at the barangay (Sec. 410(a)), so a dispute with a corporate landlord may go directly to the proper office or court.
If you are the tenant
- Run the five-point check above using your lease and receipts: rent amount, start date, and whether the unit is residential.
- Compute the cap. Multiply your current rent by 1% (2026). Anything above that is not allowed for a covered unit.
- Reply in writing. Say you are covered by RA 9653 and NHSB Resolution No. 2024-001, state the lawful amount, and say you will keep paying it. Keep a copy and proof of sending.
- Keep paying the lawful rent on time. Three months of arrears is a ground for ejectment. If the landlord refuses payment, consign it within one month as Section 9 describes.
- Go to the barangay where the unit is located if talks fail, and ask for a certification to file action if no settlement is reached.
- Ask DHSUD to confirm coverage if you are outside NCR or unsure, and report a clear violation there or to the prosecutor.
- Get free legal help if you qualify. The Public Attorney’s Office assists indigent clients in civil cases, including ejectment defense.
Bring: the lease, rent receipts or transfer records, the landlord’s notice of increase, your written reply, proof of any refused payment, receipts for advance and deposit, and a valid ID.
If you are the landlord
- Check whether each unit is covered before setting renewals: rent level, residential use, same tenant, and year built or first leased.
- Keep covered increases within the cap and to one increase a year, and give written notice of the new amount and its start date before renewal.
- Collect no more than one month advance and two months deposit, and keep the deposit in a bank account in your name.
- Accept the lawful rent even while you dispute other issues; refusing it lets the tenant consign.
- Use only Section 9 grounds and the courts to remove a tenant: written demand, barangay where required, then an unlawful detainer case after a proper demand to pay and vacate.
First action for either side: write down the current monthly rent, the date the tenant moved in and the proposed new rent, then check them against the five-point test. If the unit is covered, put your position in a dated written message today.
Key takeaways
- RA 9653’s own cap ended in 2013; DHSUD’s NHSB now extends rent control by resolution under Section 6.
- For 2026, covered units at ₱10,000 a month or less, occupied by the same tenant since 2025, may rise by no more than 1%.
- Vacant units re-let to a new tenant, units above ₱10,000, new units, motels, hotels and rent-to-own deals are outside the cap.
- Coverage also limits advance to one month and deposit to two months, and restricts eviction to the Section 9 grounds through court.
- Violations carry a ₱25,000–₱50,000 fine, imprisonment of one month and one day to six months, or both.
- Check DHSUD for any resolution covering 2027 before relying on these figures next year.
Related: Before subletting a room or taking in a bedspacer, read can a tenant sublease without the landlord’s consent.
Frequently asked questions
Is rent control still in effect in 2027?
NHSB Resolution No. 2024-001 covers 2025 and 2026. As of October 11, 2026, we found no official DHSUD issuance extending the cap into 2027. Check the DHSUD website or regional office for any new resolution before applying these limits next year.
Can the landlord charge a new tenant more than the cap?
Yes. When a covered unit becomes vacant, the landlord may set the initial rent for the next tenant (RA 9653, Sec. 4). The cap protects a tenant who stays in the same unit.
Does rent control cover bedspaces and dorm rooms?
Yes, if the rent is within the covered range. The Act’s definition of a residential unit includes dormitories, rooms and bedspaces, and units offered to students may be increased no more than once a year.
Can I be evicted because the landlord sold the apartment?
Not if your unit is covered. Section 10 bars ejectment “upon the ground that the leased premises have been sold or mortgaged to a third person regardless of whether the lease or mortgage is registered or not.”
Related guides
See what a lease must include and landlord–tenant rights, What Happens if a Tenant Stops Paying Rent? and how to resolve everyday civil disputes. For every rental topic in one place, visit the Lease and Rental Disputes hub.
Sources
- Rent Control Act of 2009 (RA 9653), Secs. 3–13
- DHSUD via Philippine Information Agency, “Gov’t reduces hike in monthly rent for residential units” (NHSB Resolution No. 2024-001), January 6, 2025
- Department of Human Settlements and Urban Development Act (RA 11201), Sec. 4
- Civil Code of the Philippines (RA 386), Arts. 1673 and 1687
- Rules of Court, Rule 70, Secs. 1–2
- Local Government Code (RA 7160), Secs. 408–412
Sources rechecked as of: 2026-10-11
This article is general legal information, not legal advice. For advice on your specific situation, consult a lawyer or the Public Attorney’s Office.