Dear PAO,
I am a student renting a room in a boarding house. In the contract, boarders are not allowed to use cooking appliances in the room. At the beginning of the contract, I was required to pay one month advance and one month deposit worth of rental payments.

The deposit serves as security payment which would be used by the owner to pay any unpaid bills of the boarder. Also it would be forfeited if there is a violation of the rules and regulations of the boarding house management.

Because I arrive at the boarding house late, I secretly purchased an electric stove and cooked meals inside my room. One day last August, when I arrived at my room, I discovered that it was open and my stove was no longer there. I was later on told by the owner that they entered my room to confiscate the electric stove. I was told that they are forfeiting my security deposit. Also they told me to find another boarding house.

Were the actuations of the owner legal? Can I still recover my stove?
George

Dear George,
The owner of the boarding house did not have the right to enter your room without your permission. As lessee of the said room, you have the right of possession to the same. This is pursuant to Article 1654 (3) of the New Civil Code (NCC) of the Philippines which states that the lessor is obliged “to maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract.” This means that during the period of your lease contract, the owner of the boarding house is prohibited from entering your room without your permission. Take note that under Article 539 of the NCC, “every possessor has a right to be respected in his possession.”

You mentioned that the owner of the boarding house took your electric stove and that it is now in his possession. Because of this, there is a legal basis for you to charge the said owner with the crime of theft. Theft is committed when someone takes the personal property of another, with intent to gain, and the taking is without the consent of the owner of the said personal property. While the owner might argue that there is no theft because he or she has no intent to gain, there is, however, a presumption in law that there is an intent to gain when there is an unlawful taking of another person’s personal property. In your situation, it was not lawful for the owner to get your electric stove without your permission. At the time the owner took your stove, you have not given your consent to the said act. You have the right to recover possession of your stove as you are its owner. However, pursuant to the provisions of your lease contract, you cannot use it inside your room.

Also, the owner of the boarding house has legal basis in asking you to leave the boarding house. This is because violation of any of the conditions of a contract of lease can be one of the reasons by which the lessor may judicially eject the lessee from the leased premises. This is pursuant to Article 1673 (3) of the Civil Code. You mentioned that your contract of lease prohibits you, as lessee, from using cooking appliances inside your room. Your act of using an electric stove is a clear violation of the said provision of the contract.

Likewise, the owner has legal basis to forfeit your security deposit. This is because such forfeiture is authorized under the contract you entered with the lessor. Remember that the contract is the law between the parties. Thus, according to Article 1159 of the New Civil Code, “[o]bligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.” When you signed the contract of lease, you therefore agreed that you and the owner would be bound by the provisions stated in the contract.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

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Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.