ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

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June 1, 2022

SUSPENSION OF THE PAYMENT OF RENT

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Read also: EFFECT OF DESTRUCTION OF THING LEASED BY FORTUITOUS EVENT

  • The lessee may suspend the payment of the rent if the lessor fails to make the necessary repairs.

  • The lessee may suspend the payment of the rent if the lessor fails to maintain the lessee in peaceful and adequate enjoyment of the property leased.

  • In case the lessor fails to make the necessary repairs, the lessee has the right to make the suspension of payment from the time he made the demand for said repairs, and the demand went

In case the lessor failed to make necessary repairs for the leased property, can the lessee be allowed to suspend the payment of the rent?

Yes.

Civil Code says:

“Art. 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.”

Thus, the lessee may suspend the payment of the rent if:

  1. the lessor fails to make the necessary repairs;
  2. the lessor fails to maintain the lessee in peaceful and adequate enjoyment of the property leased.

In case the lessor fails to make the necessary repairs, the lessee has the right to make the suspension of payment from the time he made the demand for said repairs, and the demand went unheeded.

In case the lessor fails to maintain the lessee in peaceful and adequate enjoyment of the property leased, the lessee has the right to make the suspension of payment from the time the final judgment for eviction becomes effective.


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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