Maintenance and Repairs: Who’s Responsible? in Cebu

A Complete Guide for Property Owners, Renters, and Investors

When you rent or own property in Cebu—whether it’s a condominium, townhouse, or a home inside a gated community—one of the most important and often misunderstood issues is who is responsible for maintenance and repairs.

From leaky faucets and broken tiles to air conditioning malfunctions and structural damage, understanding your rights and obligations can save you time, money, and frustration. This guide breaks down the roles and responsibilities of landlords, tenants, condo associations, and homeowners’ associations (HOAs) in the context of Philippine law and Cebu real estate norms.

1. Why Maintenance Responsibilities Matter

Knowing who is responsible for what helps prevent:

• Unnecessary disputes between landlord and tenant

• Delays in emergency repairs

• Misunderstandings during move-in or move-out

• Unexpected repair costs

In real estate, clear maintenance terms are essential for both legal protection and smooth property management.

2. The Legal Framework: Philippine Rental Law

The Rent Control Act (RA 9653) and Civil Code of the Philippines outline the responsibilities of landlords and tenants in residential rentals. These laws apply to many rentals in Cebu, especially those below ₱10,000/month (outside Metro Manila) or up to ₱20,000 in some cases.

In general:

• Landlords are responsible for major repairs and maintenance of structural components and essential services.

• Tenants are responsible for minor repairs due to normal wear-and-tear or negligence.

3. Landlord vs Tenant Responsibilities

Here’s a simplified breakdown for typical rental properties in Cebu:

Tip: Always refer to the lease agreement. If it’s not stated, the law defaults to the above conventions.

4. Responsibilities in a Condominium Unit

In Cebu, thousands of people live in condominium buildings like those in IT Park, Cebu Business Park, and Mactan. In this case, three parties have maintenance roles:

a) The Unit Owner

• Responsible for all maintenance and repair within the unit boundaries: floors, ceilings, interior walls, plumbing, and electricals inside.

b) The Condominium Corporation (or Property Management Office – PMO)

• Handles all common areas: hallways, elevators, water tanks, lobbies, and shared amenities.

• May cover structural integrity (walls, slabs, pipes within walls).

c) The Tenant (if rented)

• Handles daily upkeep like cleaning, small fixture replacements, and reports major issues.

5. Who Pays for Appliance Repairs?

If your rental comes furnished (common in Cebu condos), responsibility for appliances like:

• Air conditioning units

• Washing machines

• Refrigerators

• Water heaters

…usually falls on the landlord, unless the tenant caused the damage due to misuse.

️ Tip: Tenants should photograph all items upon move-in and request an inventory list signed by both parties.

6. Common Disputes and How to Avoid Them

Here are examples of typical disagreements and how to avoid them:

Scenario 1: Clogged Sink

• Tenant says it’s landlord’s fault.

• Landlord claims tenant poured grease.
  ✅ Solution: Determine cause. If it’s tenant behavior, they pay. Otherwise, landlord covers.

Scenario 2: Broken Air Conditioner

• AC stops cooling.

• If over 5 years old, likely landlord’s responsibility unless misuse is proven.
  ✅ Solution: Have appliance serviced with a technician’s written report.

Scenario 3: Mold or Leaks

• If caused by structural failure (e.g. cracked wall), it’s landlord’s issue.

• If caused by poor cleaning or ventilation, tenant pays.
  ✅ Solution: Document the issue immediately and seek third-party inspection.

7. Responsibilities in Gated Communities and Townhouses

If you own or rent a house in a gated subdivision (e.g., Maria Luisa, Modena, South Glendale):

• The homeowner is responsible for all repairs on the property.

• The HOA handles community amenities like street lights, drainage, parks, and perimeter fences.

• Tenants in houses follow the same landlord-tenant dynamic.

Note: HOAs often have their own bylaws that detail what maintenance they provide or require.

8. Repairs in Commercial Rentals (Shophouses, Offices)

In mixed-use properties such as shophouses or commercial condo units:

• Landlord handles structure, roof, and major systems (plumbing, wiring).

• Tenant handles interior improvements, signage, and specific business equipment.

Always review the commercial lease agreement, which often has stricter terms than residential leases.

9. What Happens in an Emergency?

Emergencies—like burst pipes or electrical failures—require quick action.

• Tenants should report immediately.

• Landlords must respond within a reasonable time, typically 24–48 hours.

• For life-threatening issues (gas leaks, fire risk), tenants may call the barangay or building maintenance directly.

After the emergency, determine who pays based on the origin and lease terms.

10. Role of Property Managers and Brokers

Many Cebu rentals are handled through property managers or real estate brokers. Their responsibilities may include:

• Coordinating repairs

• Processing repair reimbursements

• Liaising with the condo PMO

• Conducting inspections

Ensure your lease mentions who your point of contact is for maintenance concerns.

11. Cost-Sharing Agreements

In higher-end units, especially in long-term leases, tenants and landlords may negotiate shared repair costs, such as:

• Aircon servicing every 6 months (split 50/50)

• Minor ceiling repainting

• Light fixture upgrades

These should be clearly written in the contract.

12. Maintenance Tips for Tenants

To avoid disputes and prolong the quality of your rental:

• Keep your unit clean and dry

• Avoid pouring grease into kitchen sinks

• Clean aircon filters monthly

• Notify the landlord at the first sign of leaks or cracks

• Keep records of all communications and receipts

13. Maintenance Tips for Landlords

• Conduct regular inspections (every 6–12 months)

• Provide tenants with appliance manuals

• Schedule preventive maintenance (e.g., pest control, AC cleaning)

• Have a reliable network of licensed technicians

• Set clear boundaries in the lease contract

14. When the Tenant Is Entitled to Deduct Costs

According to the Civil Code (Art. 1654-1657), if a landlord fails to act on urgent repairs, the tenant may:

1. Notify the landlord in writing

2. Give reasonable time to act

3. If no action is taken, hire their own technician

4. Deduct the repair cost from the rent (with receipts)

⚠️ Always get approval first to avoid disputes.

15. What if the Landlord Refuses Repairs?

If the landlord ignores essential repair requests:

• Document the problem (photos, dates, messages)

• File a formal letter of complaint

• Report to the barangay for mediation

• As a last resort, file a complaint with the Housing and Land Use Regulatory Board (HLURB) or through a lawyer

16. Maintenance in Airbnb or Short-Term Rentals

In short-term or daily rentals (like Airbnb), the host is responsible for all maintenance.

• Guests should not be expected to handle repairs

• Contact info for urgent issues should be provided

• Refunds or compensation may apply if repairs cause discomfort or hazards

17. Repairs During Move-In and Move-Out

Before moving in:

• Ensure a condition report is completed and signed

• List all visible issues, scratches, and broken items

Before moving out:

• Return the property in “as-is” condition (except wear and tear)

• Landlords may deduct from security deposit for unreported damage

18. Insurance Considerations

Landlords may carry property insurance for structural damage, while tenants may opt for renters’ insurance for personal belongings. In Cebu, this is still rare but increasingly recommended in furnished condos.

Final Thoughts

Understanding who is responsible for maintenance and repairs in Cebu is essential whether you’re a tenant, property owner, or landlord. Always:

• Read and clarify lease agreements

• Document everything

• Communicate promptly and professionally

By aligning expectations and following best practices, you can enjoy a safer, smoother, and more profitable real estate experience in Cebu.