HomeBlog › Rental Agreement
Rental Agreement Lease Philippines

Rental Agreement Philippines: The Contract of Lease, Explained

Searching for a rental agreement, lease contract, or kontrata sa upa? In Philippine law these are all the same document — the Contract of Lease. Here is what it must contain and how to generate a notary-ready one.

June 12, 2026 · 6 min read

Rental Agreement = Contract of Lease

Let's clear this up first, because it is the most common point of confusion: in the Philippines, a rental agreement, a lease agreement, a rental contract, a tenancy agreement, and a Contract of Lease are one and the same document. Filipino landlords and tenants say "rental agreement" or kontrata sa upa; lawyers and notaries title the document "Contract of Lease" because that is the contract named and governed by the Civil Code (Articles 1642 and following).

So if a landlord, an embassy, the BIR, or a building administrator asks you for any of those names, the same notarized Contract of Lease satisfies all of them. You can see a complete free sample in our Contract of Lease template guide.

What a Philippine Rental Agreement Must Contain

Whether it covers a house, an apartment unit, a single room, or a commercial space, a well-drafted rental agreement states:

  1. The parties — lessor (landlord) and lessee (tenant), with addresses;
  2. The premises — the exact unit or property being leased;
  3. The term — start date and duration, and whether it renews;
  4. The rent — amount, due date, where and how it is paid, and any escalation;
  5. Deposit and advance — the security deposit and advance rent, and what each may be applied to (unpaid rent, utilities, damage beyond fair wear);
  6. Utilities and dues — who pays electricity, water, internet, and association dues;
  7. Use and occupancy — residential or commercial use, occupancy limits, sublease restrictions;
  8. Repairs — minor repairs versus structural repairs;
  9. Termination — grounds, notice period, and the consequences of early termination;
  10. Signatures and acknowledgment — both parties sign, ideally before a notary public.

Room, Apartment, House, or Commercial — Same Skeleton, Different Clauses

The legal skeleton is identical across rental types; what changes is the emphasis. A room or bedspace rental leans on house rules and occupancy limits. An apartment or house lease turns on the deposit, repairs, and termination notice. A commercial lease adds the permitted business use, fit-out, taxes, and often longer terms with escalation clauses. Residential units within the coverage of rent-control rules are also subject to caps on increases and deposits — check the brackets currently in force.

Generate Your Rental Agreement with a Pro Plan

Legalia's Contract of Lease generator builds a notary-ready rental agreement — parties, premises, term, rent, deposit, utilities, termination, and the acknowledgment block — for residential and commercial leases.

Subscribe to Pro — Generate Now

See the full free Contract of Lease sample and guide →

Three Mistakes Tenants and Landlords Make

  • Renting on a handshake. A verbal lease of real property for over a year is unenforceable under the Statute of Frauds — and even shorter verbal leases leave the deposit and termination terms to memory and dispute.
  • Treating the deposit as last months' rent. Unless the contract says so, the security deposit answers for damage and unpaid obligations at the end of the lease — spell out in the agreement exactly what it covers and when it is returned.
  • Skipping notarization on long leases. An unnotarized lease is still a contract, but a notarized one is a public document — stronger in evidence and accepted by the BIR, embassies, and registries without question.

Frequently Asked Questions

Is a Rental Agreement the same as a Contract of Lease?
Yes. In the Philippines, "rental agreement," "lease agreement," "lease contract," and "Contract of Lease" all refer to the same document: the contract by which a lessor lets a lessee use a property for a period in exchange for rent, governed by the lease provisions of the Civil Code (Articles 1642 onwards). "Contract of Lease" is simply the formal title used in Philippine legal drafting and the one a notary public will expect.
Does a rental agreement have to be in writing in the Philippines?
A lease can be verbal and still valid, but a lease of real property for more than one year must be in writing to be enforceable under the Statute of Frauds. In practice, every rental of a house, apartment, room, or commercial space should be in writing — it fixes the rent, deposit, term, and the grounds for termination, which is what prevents most landlord-tenant disputes.
Does a rental agreement need to be notarized?
Notarization is not required for the lease to be valid between the parties. However, a notarized lease is a public document: it has stronger evidentiary value, can be registered or annotated where needed, and is routinely required by businesses for BIR registration, by embassies, and by building administrators. For any lease longer than a year, notarization is strongly advisable.
What should a Philippine rental agreement contain?
At minimum: the lessor and lessee's identities; the exact premises being leased; the term and its start date; the rent, due date, and the manner of payment; the security deposit and advance rent, and what they may be applied to; who pays utilities and association dues; the permitted use; repair and maintenance allocation; the grounds and notice period for termination; and the signatures of both parties, ideally with an acknowledgment before a notary public.
How much security deposit and advance rent can a landlord ask for?
For residential units covered by rent-control legislation, the cap commonly applied is one month advance rent plus a maximum two months security deposit. Rent-control coverage and rent-increase caps have been extended and adjusted over the years, so check the rules currently in force for your unit's rent bracket. For commercial leases the parties are free to agree on the amounts.

Related Guides