Republic Act 9653: 임대료 관리법 / 임차인과 임대인이 알아야 할 준수사항(8)

아래에 어느분이 임대료 관련해서 고통을 받고 계신 것 같아 인터넷 검색을 해 보았습니다. 영어 잘 하시는 분들이 많으니 댓글로 나눠서 번역을 같이 하셨으면 좋겠습니다.

Important terms defined:

R.A. 9653 defines rent as the amount paid for the use of a residential unit which is usually paid on a monthly basis unless otherwise specified in a contract.

Residential units, on the other hand, are defined as either a separate dwelling place or part of a bigger multi-dwelling place.

Buildings and apartments used for business but at the same time serve a residence to its tenants are considered as residential units except for motels, motel rooms, hotel, and hotel rooms.


Coverage of this law:

This act applies to residential units in the National Capital Region and other highly urbanized cities which rent at or below ₱10,000; and ₱5,000 or below in all other areas in the country.

The Rent Control Act of 2009 does not cover units under a rent-to-own scheme since a separate agreement for this is made between the owner and the tenant.


The limit on increase of rent amount:

The Rent Control Act of 2009 (R.A. No. 9653) states that the lessor or the landlord is not allowed to increase the rent more than seven (7) % annually if the unit is occupied by the same tenant. The lessor is only allowed to change the rate for new tenants once the unit becomes vacant.

Further, landlords whose units are dormitories, bed spaces, or boarding houses that are rented to students are only allowed to increase the rent once a year.


Advances and deposits:

The stipulation on deposits and advances has also been included in The Rent Control act of 2009 which further states that a lessor cannot demand from the tenant more than one (1) month advance rent and more than two (2) months deposit. Any accumulated interest of the deposit shall be returned to the tenant upon expiration of the rental agreement.

However, this amount may be forfeited in instances where the tenants failed to settle outstanding utility bills such as electricity and water. This amount may also be forfeited and used to pay for damages done by the tenant to the property.


Subleasing guidelines:

The act also addresses issues on subleasing. It provides that a tenant is not permitted to sub-lease the unit without a prior written consent from the landlord. Doing such may be used as the reasonable grounds to evict the tenant from the rented unit.


Grounds/reasons for eviction:

Aside from subleasing without the owner’s consent, other valid reasons for eviction are as follows:

If the tenant fails to pay the required monthly rent for a total three (3) months.

In cases where the landlord refuses to accept the payment, the tenant may deposit the payment by way of consignation to the appropriate court, or with the city treasurer, the local barangay chairman, or deposit the amount to the landlord’s bank account within one (1) month after the landlord’s refusal.

The tenant should also deposit the rent within ten (10) days of every current month afterward.

If the owner/lessor or his immediate family members have a legitimate need to use the unit. However, the following conditions also apply:

Provided the rent for a definite period has expired. i.e. 1 month, if the rent is collected monthly or 3 months, if the rent is collected quarterly, etc.
Provided the owner has given the tenant 3 months advance notice. This should give the tenant enough time to look for another place.
The owner is not allowed to lease the unit to any third party for at least 1 year.
If the unit is the subject of an order of condemnation by appropriate authorities and the owner/lessor needs to do necessary repairs to make the property safe and livable. The following conditions apply for this:

The evicted tenant should be given the first priority to rent the unit back after the repairs.
If the landlord raises the rent, the new rate should be reasonably proportionate with the expenses incurred for the repair.
But if the unit has been condemned or completely demolished instead, and a new building is built on the same site, the evicted tenant no longer needs to be given the first priority for renting the new building or any of the unit(s) therein.


Expiration of the lease/rental contract.

In instances where the property has been sold or mortgaged to another owner, the new owner cannot evict the existing tenant(s) just because he is the new owner. The new owner still has to follow the above provision on evictions.


Penalties for violations:

Persons, whether natural or juridical, who are found to have violated any of the provisions of this Act will be subject to a fine of not less than ₱25,000 but not more than ₱50,000.00, or imprisonment of not less than one (1) month and one (1) day but not more than six (6) months, or both.