Short answer. There is a right to suspend rent, but it is narrower than withholding suggests. Article 1658 allows suspension where the lessor fails to make the necessary repairs or to maintain the tenant in peaceful and adequate enjoyment of the property. Cosmetic complaints, and repairs the lease assigned to you, do not qualify.
What the law says
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.
Civil Code, Article 1658 — Suspension of Rent. Read the full provision →
Suspension is not cancellation
Article 1658 gives a real remedy, and its wording sets the shape of it: 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. Suspension holds payment in abeyance while the failure continues. It does not extinguish the obligation, and it is not a discount for inconvenience. A tenant who suspends should expect to account for the period once the problem is fixed, and should keep the money available rather than treat those months as rent-free.
Two grounds, and only two
The right arises on failure to make the necessary repairs, or failure to maintain you in peaceful and adequate enjoyment. Necessary repairs are those that keep the property suitable for the use it was leased for, so a roof that lets water into the living space or plumbing that has stopped working sits comfortably here, while paintwork, ageing fixtures and general wear do not. The second ground reaches interference traceable to the lessor. Neither ground covers damage the tenant caused, and neither is triggered by a repair the lessor has been given no opportunity to make.
Read your lease before you suspend anything
Article 1654 makes the lessor responsible for necessary repairs unless there is a stipulation to the contrary, and a large share of Philippine leases contain exactly such a stipulation. Where the contract puts repairs on the tenant, the failure Article 1658 speaks of is not happening, and suspending rent on that basis simply puts you in arrears. So the first document to read is not the statute but the lease. Check who repairs are assigned to, what notice you owe the lessor, and whether the contract sets its own procedure for defects.
How to use the remedy without losing the unit
Demand the repair in writing, describe the defect and the date it appeared, say what use of the property it is preventing, and keep proof the demand was received. Give the lessor a real chance to act, and photograph the condition throughout. If you then suspend, say in writing that you are suspending under the law rather than simply going quiet, and set the money aside. Silence is what turns a tenant with a good position into a tenant in arrears, because non-payment is a ground for ejectment and the reason for it has to be on the record.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Victoria N. Racelis vs. Spouses Germil Javier and Rebecca Javier, G.R. No. 189609, January 29, 2018 — read the decision on LawPhil →
- Chua Tee Dee, et al. vs. Court of Appeals, et al, G.R. No. 135721, May 27, 2004 — read the decision on LawPhil →
- Dominga B. Quito vs. Stop and Save Corporation, as represented by Gregory David Dickenson, et al, G.R. No. 186657, June 11, 2014 — read the decision on LawPhil →
- Manila International Airport vs. Avia Filipinas International, Inc, G.R. No. 180168, February 27, 2012 — read the decision on LawPhil →
Related provisions
- Civil Code, Article 1654 — Obligations of the Lessor
- Civil Code, Article 1659 — Remedies for Breach of Lease