Title
Rent Control Act of 2005
Law
Republic Act No. 9341
Decision Date
Dec 21, 2005
The Rent Control Act of 2005 aims to protect lower-income tenants by limiting rent increases, prohibiting ejectment due to sale or mortgage, and allowing for rent-to-own agreements, with violations resulting in penalties of fines or imprisonment.

Declaration of Policy

  • The State commits to developing affordable housing for lower-income groups.
  • Protection of tenants in lower income brackets from unreasonable rent increases is a priority.

Limit on Increases in Rent

  • Rent increases are limited to a maximum of 10% annually for the same lessee.
  • Upon vacancy, the lessor may set a new initial rent for the next tenant.

Definitions

  • "Rent" refers to payment for occupancy of residential units, whether monthly or otherwise.
  • "Residential Unit" includes apartments, houses, boarding houses, dormitories, and similar dwellings used principally for residence.
  • Certain commercial uses are included if the owner and family live therein primarily as a home.
  • Immediate family members for repossession purposes include spouse and direct blood relatives.
  • Definitions of lessee, lessor (including agents), sublessor, and sublessee are provided.

Rent and Bank Deposit Requirements

  • Rent payment must be made in advance within the first five days of the month or lease agreement start.
  • No more than one month’s advance rent can be demanded.
  • Security deposits capped at two months’ rent must be kept in a bank under the lessor’s name.
  • Interest accrued on deposit must be returned to the lessee after lease expiration.
  • Deposits may be forfeited to cover unpaid rent, utilities, or damages.

Assignment of Lease or Subleasing

  • Assignment or subleasing, including accepting boarders or bedspacers, is prohibited without written consent from the lessor.

Grounds for Judicial Ejectment

  • Ejectment allowed for unauthorized subleasing or lease assignment.
  • Non-payment of rent for three months is ground for ejectment, with provisions for rent deposit in case of lessor’s refusal.
  • Legitimate need by the owner/lessor or immediate family to repossess after lease expiration, with three months’ formal notice.
  • The lessor cannot lease or allow third-party use for one year after repossession.
  • Ejectment permitted for necessary repairs under official orders; lessee given preference to lease after repairs.
  • Lease expiration also grounds for ejectment.

Prohibition Against Ejectment Due to Sale or Mortgage

  • Lessees cannot be ejected solely because the property has been sold or mortgaged.

Rent-to-Own Schemes

  • Lessors may enter a rent-to-own agreement resulting in transfer of ownership to the lessee.
  • Such agreements are exempt from the rent increase limits.

Application of Other Laws

  • Article 1673(1) of the Civil Code regarding indefinite leases is suspended during this Act’s effect for covered residential units.
  • Other Civil Code and Rules of Court provisions on leases apply unless conflicting with this Act.

Coverage of the Act

  • Applies to residential units in National Capital Region and highly urbanized cities with monthly rents not exceeding P10,000.
  • Applies to all other areas with rents not exceeding P5,000 monthly.
  • Existing contracts are respected.

Penalties

  • Violations incur fines between P5,000 to P15,000, or imprisonment from 1 month and 1 day to 6 months, or both.

Information Drive

  • Mandates DILG and HUDCC, with other agencies, to conduct ongoing public information campaigns about the Act.

Transitory Provision

  • HUDCC and related agencies must develop a transition program within six months to mitigate impacts of rent deregulation post-Act.

Separability Clause

  • Invalidity of any provision does not affect the validity of the remaining law.

Repealing Clause

  • Contradictory laws and regulations are repealed or modified accordingly.

Effectivity

  • The Act takes effect 15 days after publication and remains effective until December 31, 2008.

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