Short answer. Yes, under certain conditions. Article 1658 of the Civil Code expressly allows a lessee to suspend payment of rent when the lessor fails to make necessary repairs. This is a statutory remedy, not a breach — but it applies only where the repairs are truly the lessor's obligation and the failure is genuine.
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 →
What the statute says about repair failures
Article 1658 of the Civil Code states: "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." The right to suspend rent on repair grounds is explicitly granted by this provision. The statute does not require the lessee to first obtain a court order or go through any particular procedure — the right arises from the lessor's failure to repair.
Which repairs trigger this right
Not every repair triggers the suspension right. The repairs must be necessary — meaning those required to keep the leased property in a condition fit for its intended use. Under the Civil Code's lease provisions, necessary repairs that preserve the thing's usefulness for the lessee are generally the lessor's responsibility, absent a contrary stipulation in the contract. Minor repairs typically fall on the lessee. Major structural repairs, restoration of essential services, and repairs preventing deterioration of the premises are more clearly the lessor's burden.
Suspension is a recognized remedy, not automatic forgiveness
Suspending rent under Article 1658 is a protective remedy — it is designed to give the lessee leverage to compel the lessor to act, not to eliminate the rent obligation permanently. If the landlord eventually makes the necessary repairs, the basis for suspension ends. The question of whether suspended rent remains owed, or whether the tenant's losses offset it, depends on the specific facts and may involve additional legal analysis. Using this remedy responsibly means being able to show the failure was real and the suspension was proportionate.
Practical steps before suspending rent
Before withholding rent, make a written demand for repairs and give the landlord a reasonable opportunity to act. Documenting the defect, the demand, and the landlord's failure to respond strengthens your position considerably if the landlord later claims the suspension was unjustified and treats it as a default. Keep records of all communications, photographs, and any reports from building inspectors or similar authorities. A suspension grounded in good documentation is much harder to challenge than one made without warning.
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 →