ES🧉 Neighbor guide
As a tenant, do I have to pay extraordinary building fees?
You rent, the statement arrives with an extraordinary fee for a big renovation, and the question hits immediately: is this on me or the owner?
No. Tenants pay the fees that come from the ordinary use of the property (the ordinary ones: electricity, cleaning, staff wages, maintenance). Extraordinary fees — renovations, improvements, or costs that raise the property's value — are paid by the owner. Only fees tied to normal, permanent services can be charged to the tenant, no matter how the statement labels them.
The rule, straight up
The law distinguishes two kinds of charges:
- Those that come from use: paid by whoever lives there. Those are the ordinary fees.
- Those that burden the property itself: paid by the owner. Those are the extraordinary fees.
Example: the elevator breaks and an assembly approves a renovation costing several million pesos. That's an improvement to the building, a cost beyond normal maintenance. The owner pays, even if a tenant is living there at the time.
Watch out for your lease
All of this applies unless the lease says otherwise. Many leases include clauses that split building fees differently. Before arguing with the owner or the agency:
- Read what your lease says about ordinary and extraordinary fees.
- Ask for the detailed statement: check that what's charged as "ordinary" isn't hiding an extraordinary renovation.
- If you're charged an extraordinary fee, complain in writing, citing the law.
Can the lease make the tenant pay extraordinary fees?
Yes. The legal rule is the starting point, but the parties can agree otherwise: if the lease states in writing that the tenant takes on the extraordinary fees, that clause stands. What can't be done is imposing it when the lease is silent: then the legal rule applies and the tenant can refuse to pay them.
Practical tip: if you're an owner and want to pass them on, spell it out in the lease. If you're a tenant and they want to charge you without it being in the lease, complain in writing. If you're unsure about how the clause is worded, consult a lawyer.
Legal basis
Under condominium (propiedad horizontal) rules, tenants are responsible for charges and contributions arising from the use of the property, but not those burdening the property itself nor extraordinary common fees. Only costs arising from habitual expenses — the building's normal, permanent services — can be assigned to the tenant.
Frequently asked questions
What do I do if I'm charged an extraordinary fee as a tenant?
Complain in writing to the owner (or the agency), attaching the statement showing the charge. Paying it is the owner's obligation.
Can the owner deduct ordinary fees from the rent?
That's not usual: tenants pay ordinary fees separately, as part of the cost of living in the unit. It all depends on what the lease says.
What if the "extraordinary" fee is really a habitual expense?
The law looks at the nature of the expense, not the label the management gives it. If it's a normal, permanent service, it belongs to the tenant even if it's listed as extraordinary.