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A Tenant’s Guide To Eviction Law In The Philippines

Last updated: 02 February 2016 15:56 Created: 01 February 2016 15:48 Hits: 61514 Rating:     
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Aside from knowing the essential elements of a rental contract, tenants and landlords are also interested to know the law on tenant eviction in the Philippines. The
rental law varies from country to country and with that being said, tenant eviction cannot take place if it does not coincide with the local law.  More often than not,
non-payment is the most common reason for tenant eviction but before a landlord can evict a tenant, certain obligations must also be taken into consideration.  A
landlord must ensure that the unit is habitable. The owner must also be compliant with health laws and building statutes.

A property owner or landlord cannot evict a tenant immediately without delivering three day notice. It is against the law to change the locks without the tenant’s
consent. If the tenant’s eviction is due to non-payment and the tenant decides to pay the rent, then the problem has been resolved. However, if the tenant refuses to
pay or leaves the property, the issue will be taken to court. For both parties, the process can be very expensive and time-consuming.

A landlord must also keep in mind that eviction does not happen in an instant. If the tenant fails to pay for three consecutive months, the landlord has the right to sue
the tenant. The landlord needs to wait for the tenant’s response to a writ given by the court indicating abandonment. The police will be the one to evict a tenant
under court order.

Aside from non-payment, a landlord has the right to evict a tenant for subleasing a property or unit without prior consent from the landlord. If the landlord decides
to repair or use the unit, the tenant must also vacate the property at a given time. In theory, the tenant is given three month formal notice, which can be delivered by
mail or handed personally to the tenant. If the property will only undergo repair, the tenant has the right to rent the property again. For condemned buildings or
units, the landlord should give a fteen day notice to the tenant to leave the unit.

While it can be frustrating to evict a tenant who refuses to pay rent after the grace period, the landlord should not take the matter into his own hands. Instead, call
the police to evict the tenant to avoid facing serious consequences. Landlords are also encouraged to make the tenant leave the property voluntarily because taking
the matter to court is costly and can take so much of your precious time.

Posted in: Business (/legal-news/category/25-business)

Tagged with: agreement (/legal-news/tag/33-agreement), contract (/legal-news/tag/77-contract), violation (/legal-news/tag/79-violation)

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Written by : Pinoy Attorney (/legal-news/author/42-pinoy-attorney)

(/legal-news/pro le/42)

Comments

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71 Comments Sort by Oldest

Add a comment...

Shella Marie Gallarte Postigo

Can I ask a question?
Like · Reply · 2 · 2y

Jacel Ramon
What if the tenant is incarcerated with no bail and signed an agreement to vacate in 3 months? Can
the landlord open the unit and change the locks?
Like · Reply · 1 · 2y

Mylene MT Melgazo
is the owner has the right to evict the tenants because we complaint for no water supply the whole
day? can the tenants ask for the refund for the deposits?
Like · Reply · 2 · 2y

Barry Haarsma
what if the tennant has no contract and has just taken over by illegal entry I am the benofactor of the
property they are sqatting in for the last 3 months
Like · Reply · 2 · 2y

PM G. Montilla
I'm leasing a farm and someone built a small bahay Kubo inside my area , how can make that person
leave? For the person refuses to inspite of all measures taken. Can the local police do the evicting of
the said squatter?
Like · Reply · 1 · 2y

Jen Ballesteros
Kapag magtataas ng jla ag ayaw pumayag ng tenant at sabihing aalis na.sila used down payment na
tutuo ba na kailangan sjla bigyan ng three months free rent
Like · Reply · 3 · 2y

Anna Dilla
Ask ko lng po my karapatan bng manghingi ng Bayad ang mga nangungupahan sa Nanay ko, ang
lupa po ay Hindi sa Nanay ko at kelangan n po ng totoo may ari binigyan n po sila notice ng Nanay
ko n hanggang 1 month n lng sila. Ano po dapat naming gawain.
Like · Reply · 1 · 2y

Ghie Marfil Videña

goog day, anong kaso pwede file kung ang land lord ay pinad lock ang pamilya ng renter sa loob ng
nirerentahang bahay ng dahil lang sa late ng ilang araw ang bayad? pero may deposit at advance
payment naman nung start ng rent.? helping a friend
Like · Reply · 1 · 2y

Glens Carreon
please help! we are always paying are bills (submeter) on time but the lanlord failed to pay the past
two months electric bills (april and may). so the electricity was disconnected since June 2, 2017.
when we confronted the landlord in a nice way and asked what was her plans to resolve the issue,
she became histerical and attempted to hit me and asked us to leave the house even if we still have
one month advance and one month deposit. We went to barangay and filed blotter. But it has no
assurance on how or when can we have electricity. My partner and I are sleeping in our office for
three days now. Please help us to resolve it as soon as possible. i would greatly appreciate your
response.
Like · Reply · 1 · 2y

Oibesue M Chenmuyu
What if a tenant has no contract then after months of occupying the place, the landlord decided to do
the agreement and seeking for a residence certificate before she will make a contract, is that really a
tenant should submitted? and what if, if the landlord seeking for a duplicate key on all doors in that
rental place? is it fair? or it is already bridge the privacy and right of the tenant? pls anyone can
response especially the attorney's in the Philippines. Thank you
Like · Reply · 2y

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