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Tenant Eviction Law in Philippines

A brief description of the eviction laws and process in the Philippines.

Rental law in the Philippines is much different than that in the United States and the process to evict a tenant is much different as well. The land owner has certain obligations to take into consideration before considering eviction if the tenant has withheld rent. The land or property owner must be in 100% of the law before you can start the process of eviction and the unit must be habitable; plumbing, electrical, heating and hot water must all be working.

The property owner must also comply with all health laws, building statutes and homeowners association regulations prior to beginning any eviction process. The property owner can not change the locks of any unit to keep the tenants out and will face serious fines, jail or both if this occurs. A property owner must deliver a three day notice, giving the renter(s) three business days, to leave of their own accord. If the tenant pays rent, if they are being evicted due to non-payment of rent, then the situation has been resolved. But if the tenant does not pay rent or leave the property then the issue is taken up in the court system, which is expensive for both parties and takes up valuable time.

A landlord may evict a tenant for non-payment of rent after the third month of no rent payment with the above mentioned three day notice. After which the land owner must sue the tenant, wait for a response from the tenant or a writ from the courts stating abandonment. Only the police can evict a tenant under court order and if the land owner decides to take the matter into their own hands then they will face serious consequences for their actions. Which may include reimbursement to the tenant of their deposit.

Other than non-payment of rent a property owner can evict a tenant for subleasing the unit without prior written consent, the landlords need for the property for personal use and repairs needed to be done to the unit. If the property owner is evicting the tenant to gain the property for personal use the landlord must give the tenant three months formal notice delivered by certified mail. For repairs the ejected tenant has first rights to rent the unit again.

If the property has been condemned then the property owner must give a fifteen day notice to leave the rental unit. The tenant has ten days to file a permit to reclaim the property and the courts must decide withing 30 days to evict; (appeals, counter appeals and delays may take up to 164 days to evict a tenant).

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Comments (8)
can a tenant be evicted jut because he did not attend the funeral of the landlord's relative who died? the tenant has been renting the apartment for 5 1/2 years and a good payer ever since, not abusive, not loud people and does not create any harmful acts to anyone. In short, the tenant has been living quietly.

Do you have legal footnotes for \"habitability?\" (i.e. Water, electric, hot water, and access)

I\'m involved in a case, and I need the references for this.  I\'ve been having difficulty finding this specifically mentioned in the law.

Thank you!

if the tenant paid until end of the month.. can the landlrd evict the tenant before the end of the month for a renovation??

Hi, just want to ask , Can the children have the rights to evict the tenants for personal use of the property. Even if the mother(before she died) and the tenant had an agreement. That the mother wrote a statement that the tenant will not leave the place, that they can stay whatever they want. But the children want to use this, or want to destroy the house and make this as an extension of the garage. 

do they the right?

My Tennant has abandoned the premises for 6 months and failed to pay rent for 7 months. Last month I sent him an SMS and he promised to come talk the matter with me the following day, but he didn't show up. I followed up another SMS and he again promised to come but never showed up until now. I tried calling him but he never answers his phone. Please help me what should I do. His 5 year contract will expire next year. 

My Tennant has abandoned the premises for 6 months and failed to pay rent for 7 months. Last month I sent him an SMS and he promised to come talk the matter with me the following day, but he didn't show up. I followed up another SMS and he again promised to come but never showed up until now. I tried calling him but he never answers his phone. Please help me what should I do. His 5 year contract will expire next year. 

My Tennant has abandoned the premises for 6 months and failed to pay rent for 7 months. Last month I sent him an SMS and he promised to come talk the matter with me the following day, but he didn't show up. I followed up another SMS and he again promised to come but never showed up until now. I tried calling him but he never answers his phone. Please help me what should I do. His 5 year contract will expire next year. 

My company has rented several floors of a building. It has not paid said rent for more or less one year. Salary of its employees has been withheld too.

Moreover, it has temporarily suspended its business without due process, notice or cause. Later on, an email was allegdely sent by its president declaring closure of business ( no due process ).

Building adminstration has padlocked said floors and has commenced legal action to declare that company or its owner/s has abandoned said place do they can claim assests of the company.

We, the concerned employees, together with some sycophants/brownnoser, has filed a complaint with NLRC for unlawful legal practice/s.

Pending litigation of our labor case, can company's assets be frozen or withheld? Are we going to file said motion for TROto the effect with the NLRC or the court wherein the case/complaint by the building administration has been filed?

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