Lease Agreement Philippines: What to Include + Template

A handshake and a month's cash is how a huge share of Philippine rentals still begin, and it is also how most rental disputes start. A written lease that spells out the rent, the deposit, who fixes what, and how either side can end the arrangement protects the tenant and the landlord equally. When something goes wrong, the contract is the only thing a court will actually read.

This guide explains what a Philippine residential lease should contain, the legal rules that override whatever the contract says, and the deposit and rent-increase limits that apply to lower-rent units. At the end, you can generate a clean bilingual lease for free with our contract generator, but read this first so you understand every clause you are signing.

Deposit and advance: the "2 and 1" rule

The near-universal Philippine practice is two months' deposit plus one month's advance. That is also the legal maximum for units covered by the Rent Control Act (RA 9653): a landlord may demand no more than one month's advance and no more than two months' deposit.

A few things flow from this that tenants routinely get wrong:

• The lawful split is one month advance, two months deposit, not the "2 advance, 1 deposit" some landlords ask for on covered units.
• The deposit must be kept in a bank under the lessor's account for the lease term, and the interest belongs to the tenant, returned at the end.
• The deposit can be applied or forfeited only for unpaid rent, unpaid utility bills (electricity, water, telephone, and the like), and damage beyond normal wear, and only up to the actual cost. Anything left is refundable when the lease ends.

A landlord who keeps the deposit "just because" or demands four months upfront on a covered unit is outside the law.

Which units the Rent Control Act covers

The deposit caps and the annual rent-increase limit only bind units within the rent thresholds:

• ₱10,000 per month or below in Metro Manila and other highly urbanized cities, and
• ₱5,000 per month or below in all other areas.

Units that rent for more than these amounts are not rent-controlled. The parties are then free to agree their own deposit and increase terms, though it is common and sensible to mirror the same fair structure.

The law is currently extended through 31 December 2026. For covered units occupied by the same tenant, the maximum annual rent increase is set each year by resolution: it was 2.3% for 2025 and 1% for 2026. (When a unit falls vacant, the landlord may reset the rent for a new tenant.) Because these caps are revised yearly, a lease should refer to "the current DHSUD rent-increase cap" rather than freeze a number that will go stale.

The clauses every lease should contain

A solid residential lease covers all of these. Gaps here are where disputes grow:

1. Parties, full legal names and addresses of the lessor (landlord) and lessee (tenant).
2. Property description, the exact address and unit being leased.
3. Term and renewal, start and end dates, and how renewal works.
4. Rent, the amount, the due date, and the mode and place of payment.
5. Escalation, any rent increase, capped at the current Rent Control limit for covered units.
6. Security deposit and advance, the amounts, what the deposit covers, the deduction rules, and the return timeline.
7. Utilities, who pays electricity, water, internet, association dues.
8. Maintenance and repairs, which repairs fall on the landlord and which on the tenant.
9. Sublease and assignment, normally prohibited without the landlord's written consent.
10. Pets and use restrictions, residential use only, and any pet rules.
11. Termination and notice, how much notice each side must give. For what leaving early actually costs and how to negotiate it, see ending a lease early.
12. Grounds for ejectment, the legal reasons the landlord can evict (below).
13. Governing law and venue, which court hears any dispute.

What the law says, no matter what the contract says

Some rules override the lease. A clause that contradicts them is simply unenforceable.

Eviction goes through the courts, never by self-help. A landlord cannot change the locks, padlock the unit, cut off the water or electricity, or haul out the tenant's belongings to force them out. The only lawful route is to file an ejectment (unlawful detainer) case and get a court order. "Lockout" clauses are void.

The grounds for ejectment are a fixed list. Under RA 9653, a covered-unit tenant can be ejected only for:

• subleasing or assigning the unit (including taking in boarders) without written consent;
• rent arrears totalling three months (the tenant can still cure by paying);
• the owner's or immediate family's genuine need to use the unit themselves, but only after the lease has expired, with three months' notice, and the owner then cannot re-rent it to someone else for at least a year;
• the need for necessary repairs of a condemned or unsafe building (the tenant gets first right to re-lease afterward); or
• expiration of the lease term.

A sale does not break the lease. If the landlord sells or mortgages the property, that alone is not a ground to evict the tenant, whether or not the lease or mortgage is registered. A new owner steps into the existing lease.

A common drafting error: Maceda Law does not apply to leases

Plenty of templates floating around bolt on "Maceda Law" grace-period and refund language. That is wrong for a lease. The Maceda Law (RA 6552) protects buyers of residential property on installment, contracts to sell where ownership passes on full payment. A pure lease is governed by lease law and the Civil Code, not Maceda.

This matters for rent-to-own too: a lease-with-option-to-buy is still treated as a lease, not an installment sale, so Maceda's protections generally do not attach until it becomes a genuine installment purchase. Do not rely on Maceda refunds in a rental arrangement.

Do you need to notarize it?

A lease is valid by mere consent, it binds the two parties even if it is unnotarized, and even if it is only verbal for a term of one year or less. But notarization is strongly recommended:

• It turns the lease into a public document, far stronger evidence if there is ever a dispute.
• A lease for more than one year must at least be in writing to be enforceable (the Statute of Frauds).
• To make the lease binding on third parties, like a future buyer of the property, it should be notarized and registered with the Registry of Deeds.

For a year-to-year residential rental, a written, signed, and ideally notarized contract is the sensible standard.

Generate your lease, then sign with open eyes

Once you understand the clauses, you do not need to pay for a template. Our free contract generator produces a clean bilingual (English-Tagalog) residential lease you can fill in, print, and bring to a notary. Pair it with a fair, lawful deposit, the right rent-increase clause, and a clear repairs split, and most rental disputes never happen.

Looking for a place to rent in the first place? Browse units for rent on BalayHub. This is general information, not legal advice, for a high-value lease or an unusual situation, have a Philippine lawyer review the contract, and confirm the current Rent Control figures on the DHSUD website before you lock in numbers.