Law Summary
Definitions of Key Terms
- "Rental" refers to payment for use or occupancy of residential units.
- "Residential unit" includes apartments, houses, land with a dwelling, boarding houses, dormitories, rooms, and bedspaces used principally for residential purposes.
- Excludes motels, hotels, and commercial establishments not primarily used as dwellings.
- "Immediate family members" limited to spouse, direct descendants or ascendants for repossession purposes.
- "Lessee" is the person renting the unit; "Owner/Lessor" includes owners, administrators, or agents.
- "Sublessor" and "Sublessee" denote parties engaged in subleasing.
- "Assignment of lease" references Article 1649 of the Civil Code.
Payment of Rent and Deposit Restrictions
- Rent must be paid in advance within the first five days of the rental month or lease start unless otherwise agreed.
- Lessors cannot demand more than one month advance rental and two months deposit.
Assignment and Subleasing Prohibition
- Assignment or subleasing of whole or part of the residential unit prohibited without written consent of owner/lessor.
- Acceptance of boarders or bedspacers also prohibited without owner consent.
Grounds for Judicial Ejectment
- Unauthorized assignment or subleasing.
- Rental arrears totaling three months.
- Lessee may deposit rent in court or authorized institutions if lessor refuses payment.
- Failure to deposit three months' rent may lead to ejectment.
- Legitimate owner need to repossess for own or immediate family use after giving three months’ prior notice, only upon lease expiration.
- Owner must not lease to third parties within one year after repossession.
- Need for essential repairs ordered by authorities;
- Lessee ejected must be offered first preference to lease after repair at reasonable rent commensurate with repair costs.
- No preference if unit is condemned or demolished.
- Expiration of lease term.
Protection Against Ejectment Due to Sale or Mortgage
- Lessees cannot be ejected because the leased premises have been sold or mortgaged, regardless of registration status.
Rent-to-Own Agreements
- Lessors may offer written rent-to-own agreements transferring ownership to the lessee.
- Such agreements are exempt from rental increase restrictions.
Application of the Civil Code and Rules of Court
- Suspension of Article 1673(1) of the Civil Code regarding indefinite leases while this Act is effective.
- Other Civil Code provisions and Rules of Court on leases apply unless inconsistent with this Act.
Coverage of the Act
- Applies to residential units in NCR and highly urbanized cities with monthly rent not exceeding P7,500.
- Applies to units in other areas with monthly rent not exceeding P4,000.
- Existing contracts remain unaffected.
Penalties for Violations
- Fines ranging from P5,000 to P15,000.
- Imprisonment from one month and one day to six months, or both.
- Applicable to individuals or juridical entities violating the Act.
Information Drive Mandate
- DILG and HUDCC, in coordination with other agencies, must conduct ongoing information campaigns on the Act's provisions.
Transition Program Requirement
- HUDCC must formulate a transition program within six months to mitigate impacts of freeing the rental market.
Separability Clause
- Invalidity of any provision does not affect the validity of other parts of the law.
Repealing Clause
- Conflicting laws, decrees, rules, or regulations are repealed or amended accordingly.
Effectivity
- The Act took effect on January 1, 2002, following publication in two newspapers of general circulation.