Renting in the Philippines: the rent law only applies up to ₱ 10,000 a month, so your contract is your protection
The Philippine rent law, the Rent Control Act, only protects cheap homes: up to ₱ 10,000 a month in Metro Manila and the large cities, up to ₱ 5,000 elsewhere. Within that limit a landlord may ask at most one month in advance and two months' deposit. If you rent for more, your contract decides everything. A lease of more than a year must be in writing.
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Written and checked by Auke on , against the sources at the bottom. Is something no longer right? Report it below and I'll fix it.
Renting a home in the Philippines usually runs on a contract you agree with the landlord yourself. The rent law, the Rent Control Act (RA 9653), only protects cheap homes: up to ₱ 10,000 a month (about € 140) in Metro Manila and the other large cities, up to ₱ 5,000 (about € 70) elsewhere. If you rent for more, what you may and must do is in your contract. So put everything on paper.
What is fixed, and what do you agree yourself?
| Subject | What applies | Source |
|---|---|---|
| Who the rent law protects | rent of ₱ 1 to ₱ 10,000 a month in Metro Manila and the other highly urbanized cities; ₱ 1 to ₱ 5,000 elsewhere | RA 9653, section 5 |
| Advance rent | within the law at most one month | RA 9653, section 7 |
| Deposit | within the law at most two months, in a bank account; you get the interest back at the end | RA 9653, section 7 |
| Paying rent | in advance, within the first five days of the month, unless the contract says otherwise | RA 9653, section 7 |
| Sale of the home | within the law no ground to evict you | RA 9653, section 10 |
| Contract of more than a year | only enforceable if it is in writing | Civil Code, article 1403 |
| Protection against a buyer | only if the lease is in the register | Civil Code, article 1648 |
Does the rent law apply to you?
Probably not. If your home costs more than ₱ 10,000 a month in Metro Manila or another large city, or more than ₱ 5,000 outside them, it falls outside the law. Then the limits on deposit and advance rent do not apply, and neither does the protection on a sale.
For homes within the law, the rent could rise by at most 7% a year until the end of 2013, as long as the same tenant lived there. After that the housing council may extend the rules and set the percentage. Which percentage applies now could not be checked at the official source. Ask about it if your rent is under the limit.
What do you agree if the law does not apply?
The law itself sets one month in advance and two months' deposit as the maximum for cheap homes. That is a good yardstick. If a landlord asks for much more, you can negotiate. Put in the contract:
- the rent, in pesos, and when you pay;
- the deposit, where it is held and when you get it back;
- who pays for electricity, water, internet and maintenance;
- what happens with damage from a typhoon or a flood;
- the notice period, for you and for the landlord;
- what happens if the home is sold.
Why in writing, and why before a notary?
A lease of more than a year is only enforceable if it is in writing (Civil Code, article 1403). A lease binds others, such as a new owner or the landlord's bank, only if it is in the register (article 1648). That registration requires a public deed, and so a notary (article 1358).
Between you and the landlord a notarial deed is not required. But if you rent for years, registration protects you if the home changes owner.
How do you rent as a tourist?
Many people start as a tourist. You get 30 days on arrival and then extend at the Bureau of Immigration, up to at most 36 months. After 59 days you need an ACR I-Card, the identity card for foreigners. A one-year lease is therefore longer than your right to stay at that moment. Agree a notice period that fits your plans.
If you choose the SRRV, the retirement visa of the Philippine Retirement Authority (PRA), you place a deposit. The PRA also has checklists for long-term leases on its downloads page. Ask the PRA what is possible with the deposit in your case. If you would rather buy, read buying a house in the Philippines.
Where will you live?
The NederlandWereldwijd travel advice is red for the western part of Mindanao (including the Zamboanga Peninsula and Soccsksargen), the Sulu archipelago (Basilan, Sulu and Tawi-Tawi) and the waters of the Sulu Sea. For the rest of the Philippines it is yellow. Choose where you live outside the red areas.
The rainy season runs from June to November. In and around the Philippines an average of 20 tropical cyclones form each year, and 8 or 9 of them cross the country. The peak runs from July to October. If you arrive in those months, first rent something on higher ground and not right by the sea. Ask the landlord about the roof, the windows and past floods.
There are 24 active volcanoes. Around Bulusan, Kanlaon, Mayon and Taal there are no-go zones of 2 to 6 kilometres. Taal lies about 60 kilometres south of Manila. Visit a neighbourhood yourself first, by day and in the rain, and talk to neighbours before you sign.
What else you bring along is covered in household goods to the Philippines.
In Vertrekklaar this is phase 5 of 5 of the journey, step 5.8: the same steps, but for your situation — in your order, tickable, and with the deadlines watched. See the whole journey to the Philippines or go straight to step 5.6 in the open plan.
What this rests on
The facts in this article come from these official pages. Rules change. When in doubt, go by the source, not this article.
- Rent Control Act of 2009 (RA 9653), sections 4 to 10 — which homes are covered, the deposit and the advance rent — lawphil.net
- Civil Code (RA 386), articles 1358, 1403 and 1648 — leasing in writing, the notarial deed and registration — lawphil.net
- Bureau of Immigration — extending as a tourist, the ACR I-Card after 59 days and the maximum of 36 months — immigration.gov.ph
- Philippine Retirement Authority — the downloads page, with checklists for long-term leases — pra.gov.ph
- NederlandWereldwijd — travel advice for the Philippines, with the red areas, typhoons and volcanoes — nederlandwereldwijd.nl
- PAGASA — tropical cyclones, with the peak from July to October — pagasa.dost.gov.ph
- PAGASA — the climate, with the rainy season from June to November — pagasa.dost.gov.ph
- PHIVOLCS — the active volcanoes of the Philippines — phivolcs.dost.gov.ph
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