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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 (16)
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?

my aunt has a tenant that did not pay 3 and a half month of his rental fee. he rejected to pay his electric and water bill complaining of high rate. They always pay late even months but still we try to understand them. now, it seems that they are acting that they are abused and accusing us. they are acting much anger than us. please help us. thank you

Ms. Cook. I don't know where you get your sources but a lot of the information you have put forward here either does not apply to properties with a monthly rental above Php 10,000 or is not set forth in the law completely. I am a Filipino in the business of leasing houses I own to tenants, very often foreigners, and to my knowledge there are almost NO LAWS governing me or my tenants. The only law we abide by is the law of obligations and contracts and, based on that law, the provisions we have set forth in our contracts of lease. Here is a good article about property law in the Philippines which I find quite sincere: http://www.globalpropertyguide.com/Asia/Philippines/Landlord-and-Tenant Here is the only law I know of regarding residential tenancies: http://www.foreclosurephilippines.com/republic-act-ra-no-9653-rent-control-act-of-2009-full-text-copy/ And if you want to read the entire book 4 of the Civil Code of the Philippines, which is the law on obligations and contracts, you can find it here: http://www.chanrobles.com/civilcodeofthephilippinesbook4.htm
I have tenant refuse to leave the unit. She consumed all her advance and deposit already she said she have not found other place to transfer. I told her I am going home to the Philippines and I got my plane ticket already because you are leaving the unit and I will renovate the place. She said she will just meet me in the barangay when i am already there because she will not leave the place.
Hi I'm renting a room worth of 5k and I already consumed the advance and deposit I gave when I move in but on the last day of consuming my rental payment. I asked for a month extention. And my landlord accept my request in a condition I need to pay the 1 month extension on that day.so I paid and thento some reason that I wasn't able to find another place to move I ask led again my landlord to extend another month and she accepted again and even told me that I could stay and not give another 1 advance and 1 deposit as long as a I pay every payment day so I keep paying every 28th of the month. Although this past months started last Dec I weren't able to pay ontime. Sometimes I had 2 or 4 before settling the payment but still I always pay. But this month I had some issues with my account that's why I haven't paid my landlord on the 28th. I ask him that if to patiently wait until 15th so I could pay the rent. But when I arrived home a while ago he locked my door and I could not open it cause o don't have a key for the lock. I texted her and ask her nicely to open my door. And she opened it but she yield at me and said that I have to settle it because it's almost 2months running according to her. I refused to agree that it's already 2months because I was paying in advance for my rent. And she refused and invited that im what I'm paying every 28th of the month is what I'm consuming. But I refuse to agree because my landlord never would let anyone of her tenants to consume a month before paying the rent. And as I've said I've only requested before for an extension which she agreed in a condition that I need to pay it first before consuming. Which what Ive been doing for q couple of months already. But she said I have to pay but I need to move out already. I really don't wanna stay here if I do have a choice but honestly I'm in financial crisis right now and being a renter for a long time I know how hard it is to find a new place asap. Considering that I have to pay 1 month deposit and 1 month and even have to consider the security and other things in finding a new place. Do I have a chance or atleast the right if I ask for assistance at the baranggay hhall. Can you please help me with this?
Can landlord do an act of evicting the tenant due to not complete payment of advance and deposit to the given date of the tenant?
Hi,I rented an apartment unit for 6 months... Should they deduct the paint job cost from my deposit? There are no damages on the wall paint, there are just dirt under normal wear & tear.. Please help. Thank you.
Hi,I rented an apartment unit for 6 months... Should they deduct the paint job cost from my deposit? There are no damages on the wall paint, there are just dirt under normal wear & tear.. Please help. Thank you.
If the tenant use the 1month deposit and 1month advance to pay for his/her rent can we give him/her 30 days grace period to vacate the premisses or the property he/she is renting without paying.
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