Published — January 8, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Read also: EFFECT OF DESTRUCTION OF THING LEASED BY FORTUITOUS EVENT
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If the repairs last more than forty days the rent shall be reduced in proportion to the time — including the first forty days — and the part of the property of which the lessee has been deprived.
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When the work is of such a nature that the portion which the lessee and his family need for their dwelling becomes uninhabitable, he may rescind the contract.
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Improvements which the lessor may want to make on the property during the period of the lease cannot be done against the objection of the lessee.
What is the rule in case of urgent repairs in leased properties?
Civil Code provides that:
“ART. 1662. If during the lease it should become necessary to make some urgent repairs upon the thing leased, which cannot be deferred until the termination of the lease, the lessee is obliged to tolerate the work, although it may be very annoying to him, and although during the same, he may be deprived of a part of the premises.
If the repairs last more than forty days the rent shall be reduced in proportion to the time — including the first forty days — and the part of the property of which the lessee has been deprived.
When the work is of such a nature that the portion which the lessee and his family need for their dwelling becomes uninhabitable, he may rescind the contract if the main purpose of the lease is to provide a dwelling place for the lessee.”
The lessor has the obligation to make necessary repairs and the lessee is obliged to notify the lessor of the urgency of such repair.
Thus, if the repairs should last for more than 40 days, the lessee is entitled to a proportionate reduction of the rent, taking into account the time and the part of the property of which the lessee has been deprived. If the repairs did not last 40 days, the lessee cannot ask for reduction in the absence of a provision in the contract giving him such right.
However, regardless of the length of time taken up for repairs, rescission may be availed of by the lessee if the main purpose of the lease is to provide a dwelling place for the lessee and work done has made the same uninhabitable.
Note however that modifications or improvements which the lessor may want to make on the property during the period of the lease cannot be done against the objection of the lessee.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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