Dear PAO,

I have been leasing a townhouse for a year now. I informed the lessor that the drainage in the kitchen sink was not working. The clogged drainage causes a puddle of water to form whenever we wash the dishes. We also need to put a large pail below the sink to catch the leaking water. Despite this, the lessor still refuses to hire a plumber to fix the problem without any good reason. Can I stop paying my monthly rent because of the lessor’s refusal to fix the problem?

Ginger

Dear Ginger,

To answer your question, we shall refer to Article 1654 of the New Civil Code of the Philippines, which enumerates the obligations of the lessor, viz: “Article 1654. The lessor is obliged: (1) To deliver the thing which is the object of the contract in such a condition as to render it fit for the use intended;

(2) 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;

(3) To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract.” (Emphasis supplied)

The provision in the article expressly stipulates that the lessor is obliged to make all the necessary repairs in the property leased. Necessary repairs include those which must be done to keep the thing leased suitable for the use to which it has been devoted. In your case, the lessor must make all the necessary repairs in the townhouse you are renting to keep it suitable for its intended use. This includes repairing the clogged drainage as it is essential to the fitness of the premises for continued occupation.

As a lessee, you have the option to suspend the payment of rent considering that the lessor unjustifiably refuses to make the necessary repairs. (Art. 1658, New Civil Code of the Philippines) Also, you may ask for the indemnification of damages allowing the contract to remain in force or ask for its rescission plus indemnification of damages. (Art. 1659, Id.)

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.