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***termination of contract of lease for rented unit***

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akustik82


Arresto Menor
hi attorneys,

im currently leasing a two-bedroom apartment. recently my landlord said that he is planning to renovate the only bathroom in the unit. there are some repairs needed to be done with the bathroom fixtures; the landlord's main reason, though, is to expand the bathroom's area. thus there will be a considerable amount of work that would be done.
there is an outdoor bathroom a 10-20 meters away from the rented unit; it can be easily reached if the weather is fine. but if it's raining, it's very inconvenient to rush to the outdoor bathroom when one needs to heed nature's call.
i've done some research and found out that the lessee is only obliged to tolerate work if there's an urgent need for repair. however, the bathroom is still in good condition.
am i obliged to tolerate non-urgent repair work in the rented unit?
enjoying easy access to a bathroom is an essential part of civilized life. i feel that it is not just to do some bathroom renovation work and deprive me and my family easy access to a bathroom while im still renting the unit. can i use this as a ground to cancel our contract of lease?

thank you for your time reading this.

Sincerely,
RA


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attyLLL


moderator
the applicable provision in the civil code states:

Art. 1662. If during the lease it should become necessary to make some urgent repairs upon the thing leased, which cannot be deferred until the termination of the lease, the lessee is obliged to tolerate the work, although it may be very annoying to him, and although during the same, he may be deprived of a part of the premises.

If the repairs last more than forty days the rent shall be reduced in proportion to the time - including the first forty days - and the part of the property of which the lessee has been deprived.

When the work is of such a nature that the portion which the lessee and his family need for their dwelling becomes uninhabitable, he may rescind the contract if the main purpose of the lease is to provide a dwelling place for the lessee.

i recommend you put your position in writing, but keep it courteous. how long are the repairs supposed to take?


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akustik82


Arresto Menor
Thanks for the response, atty.
the bathroom does not need urgent repair since it is still in good condition... my landlord said that renovation may take 15-20 days.
it's really inconvenient scurrying to an outdoor CR to do business considering that it rains a lot these days.
ill try to convince my landlord to put off his plan until the summer months.
may i know what action can i take if he insists to carry out his plan to renovate the bathroom?

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attyLLL


moderator
file a complaint at the bgy. lock the door to prevent anyone from entering.


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