Short answer. Yes. Article 1663 obliges the lessee to bring to the proprietor's knowledge, within the shortest possible time, every usurpation or untoward act a third person commits or openly prepares against the leased thing, and to warn of needed urgent repairs. If he stays silent, he is liable for the damages his negligence causes the owner.
What the law says
The lessee is obliged to bring to the knowledge of the proprietor, within the shortest possible time, every usurpation or untoward act which any third person may have committed or may be openly preparing to carry out upon the thing leased.
Civil Code, Article 1663 — Lessee's Duty to Notify. Read the full provision →
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 →
What the law says
In both cases the lessee shall be liable for the damages which, through his negligence, may be suffered by the proprietor.
Civil Code, Article 1663 — Lessee's Duty to Notify. Read the full provision →
What the law says
If the lessor fails to make urgent repairs, the lessee, in order to avoid an imminent danger, may order the repairs at the lessor's cost.
Civil Code, Article 1663 — Lessee's Duty to Notify. Read the full provision →
Report intrusions promptly
Article 1663 answers the first half plainly. It says: The lessee is obliged to bring to the knowledge of the proprietor, within the shortest possible time, every usurpation or untoward act which any third person may have committed or may be openly preparing to carry out upon the thing leased. A tenant is the one on the ground, so the law makes him the owner's early-warning system. This covers not only a squatter or trespasser who has already moved in, but also acts a third person is openly preparing — a neighbour starting to fence off part of the lot, for instance. The duty is to speak up fast, not to fight the intruder yourself.
Warn of repairs the owner must make
The second duty concerns repairs. The lessee must advise the owner, with the same urgency, of the need of the repairs covered by No. 2 of article 1654. That paragraph obliges the lessor 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. So when the roof begins to fail or a structural defect appears, the tenant's job is to notify — the owner still shoulders the necessary repairs. Telling him early lets a small problem be fixed before it becomes a costly one, which is exactly what the article is designed to prevent.
What silence costs
Staying quiet has a price. Article 1663 provides that In both cases the lessee shall be liable for the damages which, through his negligence, may be suffered by the proprietor. If a tenant sees a trespasser taking ground, or a leak worsening, says nothing, and the owner suffers loss he could have avoided, the tenant can be made to answer for that loss. The liability turns on negligence — an unreported danger the tenant knew or should have known about — not on the tenant becoming a guarantor of the property against every misfortune that may befall it.
Self-help for urgent repairs
The article also gives the tenant a limited remedy. If the lessor fails to make urgent repairs, the lessee, in order to avoid an imminent danger, may order the repairs at the lessor's cost. This is a narrow escape hatch — it applies to urgent work needed against an imminent danger after the owner has failed to act, not to ordinary upkeep the tenant would simply prefer done. Used within those limits, the cost of the repairs falls on the lessor rather than the tenant who arranged them.
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.
- University Physicians Services, Inc. vs. Marian Clinics, Inc. and Dr. Lourdes Mabanta, G.R. No. 152303, September 1, 2010 — read the decision on LawPhil →
- Selwyn F. Lao, et al. vs. Special Plans, Inc, G.R. No. 164791, June 29, 2010 — read the decision on LawPhil →
Related provisions
- Civil Code, Article 1663 — Lessee's Duty to Notify
- Civil Code, Article 1654 — Obligations of the Lessor