Short answer. Three things: deliver the property fit for its intended use, make the necessary repairs during the lease, and keep the tenant in peaceful and adequate enjoyment for the whole term. Article 1654 imposes all three by default, and only the repair duty may be shifted by a contrary stipulation.
What the law says
To make on the same during the lease all the necessary repairs in order to keep it suitable for the use to which it has been devoted, unless there is a stipulation to the contrary
Civil Code, Article 1654 — Obligations of the Lessor. Read the full provision →
Fit for the use intended, measured at handover
The first duty attaches on delivery: the lessor must deliver the thing which is the object of the contract in such a condition as to render it fit for the use intended. The measure is the use the parties actually contracted for. A unit leased as a residence has to be habitable; premises leased to run a restaurant have to be capable of being run as one. This is the practical reason the intended use belongs in the written lease. Where the contract says nothing, the tenant is left arguing about what everyone assumed, and assumptions are the weakest evidence there is in a lease dispute.
Repairs, and the words that let a lease change the rule
The lessor must make all the necessary repairs during the lease. Necessary means whatever keeps the property suitable for its use, so the roof, the plumbing and the structure, as distinct from the cosmetic or from damage the tenant caused. But this duty carries a qualifier the other two do not: unless there is a stipulation to the contrary. A great many Philippine leases shift repairs onto the tenant, and where the contract does so, the contract governs. Read yours before demanding anything. If the lease is silent about repairs, the Article 1654 default applies and the duty stays with the lessor.
Peaceful and adequate enjoyment is broader than tenants think
The third duty, to maintain the lessee in the peaceful and adequate enjoyment of the lease for its entire duration, is the one tenants underuse. It covers considerably more than not evicting you. Cutting off water or electricity to force a tenant out, letting another occupant into the leased space, entering without notice or agreement, or standing by while someone claiming under the lessor disturbs your possession all sit here. Note the boundary: this addresses disturbances traceable to the lessor or to rights derived from the lessor, not every trouble that a neighbour or a stranger causes you.
What to do when the lessor will not act
Put the complaint in writing and keep proof it was received, describing the defect, the date it appeared, and the use it is preventing. A dated written demand is the single most useful document in a lease dispute, because both the tenant's remedies and the lessor's defence turn on what was asked for and when. Keep photographs, receipts for any repair you paid for, and the lease itself. Then check the lease for its repair, notice and termination clauses before acting, because withholding rent without a basis in the contract or the law converts your grievance into the landlord's case against you.
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.
- Topbest Printing Corporation vs. Sofia C. Gemora, G.R. No. 261207, August 22, 2023 — read the decision on LawPhil →
- G.Q. Garments, Inc. vs. Angel Miranda, et al, G.R. No. 161722, July 20, 2006 — read the decision on LawPhil →
- Bonifacio Nakpil vs. Manila Towers Development Corporation, G.R. No. 160867, September 20, 2006 — 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 →