Bedspacer Eviction Notice Requirements in the Philippines
A comprehensive, practice-oriented guide for landlords, boarding-house operators, and student-bedspacers
1. What is a “bedspacer” and why the law treats it like a tenant
| Term | Typical set-up | Governing legal relationship |
|---|---|---|
| Bedspacer | Rents a single bunk or small floor area in a shared room (board & lodging may or may not be included). | A lease of dwelling under Arts. 1654-1688 of the Civil Code, not a mere accommodation. The contract is usually month-to-month and falls within the Rent Control Act ceiling. |
Even when the parties call the contract a “boarding-house agreement,” courts apply lease rules because the bedspacer has exclusive possession over his bed space and co-possession over common areas (CA-G.R. SP 144610, 2016). Result: Ejecting a bedspacer without the notices and grace periods required for tenants constitutes illegal eviction and can give rise to damages or even criminal liability for acts of violence.
2. Core legal sources you must know
| Statute / rule | Core provisions on eviction | Scope for bedspacers |
|---|---|---|
| Civil Code (Arts. 1654-1673) | Grounds to terminate lease, demand letters, refund of deposits. | Applies to all dwelling leases, whatever the rent. |
| Rent Control Act (RA 9653, extended by RA 11571 to 31 Dec 2024; Executive action expected for 2025-2027) | (a) Caps rent increases; (b) Lists just causes for eviction; (c) Requires 30-day written notice prior to filing ejectment. |
Covers dwellings where monthly rent ≤ ₱10 000 in NCR and highly urbanized cities, ≤ ₱5 000 elsewhere (most bedspacers). |
| B.P. Blg. 877 (for rents above the RA 9653 ceiling) | Similar “just causes,” 3-month notice if owner wants to occupy. | Only for higher-end dorm-type rooms. |
| Rule 70, Rules of Court (Unlawful Detainer & Forcible Entry) | Formal court eviction procedure; requires proof that notice-to-vacate was served and 15-day (fixed-term) or 30-day (month-to-month) grace expired. | Venue: Municipal/Metropolitan Trial Court where the boarding house is located. |
| Katarungang Pambarangay Law (RA 7160, ch. VII) | Mandatory barangay conciliation before filing ejectment when parties reside in same city/municipality. | 15-day mediation window; written Notice of Settlement substitutes for demand letter if amicable. |
| Local boarding-house ordinances & fire/sanitary codes | Set minimum floor-area per bed, sprinkler & exit rules; violations may be cited as ground to rescind lease. | Check LGU (e.g., Baguio Ordin. #65-2017; Manila Ord. #8346). |
3. “Just causes” for evicting a bedspacer
The Rent Control Act’s list (Sec. 9, RA 9653) is exhaustive while the lease is covered. No other ground—“my niece needs the bed,” “we’re repainting,” “you’re noisy”—will prosper in court.
| Ground | Additional rules | Notice period |
|---|---|---|
| (1) Non-payment of rent | Must be for three consecutive months or after valid demand for arrears remains unpaid. | 30 days from receipt of notice-to-vacate. |
| (2) Sub-leasing or assigning the bedspace | E.g., letting a friend sleep regularly on the bunk without consent. | 30 days |
| (3) Owner/lessor needs dwelling for his family | Must prove bona-fide need; cannot re-rent to another for at least one year. | 3 months (B.P. 877) but RA 9653 uses 30 days; safer to give 3 months. |
| (4) Necessary repairs ordered by govt. authorities | Tenant has right of first priority to re-occupy after repairs, at same rent + lawful increases. | 30 days |
| (5) Lease expiry (fixed term) | Termination must not be in fraud of rent control (e.g., repeated “6-month contracts” to avoid ceilings). | 15 days (Civil Code) plus 30 days (RA 9653) → give 30 days. |
| (6) Bedspacer causes serious damage or disturbs other occupants | Must document incidents, warnings, police blotter if needed. | 30 days |
Tip for landlords: Attach proofs (photographs, receipts, barangay blotter) to the demand letter; courts frown on bare allegations.
4. Drafting a legally solid Notice-to-Vacate
- Title: “Written Demand and 30-Day Notice-to-Vacate (RA 9653; Art. 1673, Civil Code)”
- Parties & address: Name the bedspacer exactly as in any ID on file; state full boarding-house address and bunk number.
- Contract reference: Quote date of lease or attach a copy.
- Ground: Cite the specific statutory clause—e.g., “Sec. 9(a), RA 9653 – Non-payment of rent for January-March 2025 (₱4 500 per month).”
- Demand/Grace period: “You are given thirty (30) days counted from receipt of this letter within which to settle your arrears and vacate the premises.”
- Accrued rent & deductions: State the exact amount due and how security deposit will be applied.
- Warning of suit: Mention that failure to comply “shall compel us to file an Unlawful Detainer case under Rule 70.”
- Mode of service: Personal delivery (have the tenant sign “Received”), or registered mail + affidavit, or barangay notice.
Common pitfall: Issuing a 3-day or 5-day “eviction notice” copied from U.S. templates—void in PH context.
5. Procedural roadmap after notice expires
| Stage | Timeline | Key documents / fees |
|---|---|---|
| Barangay mediation | File within the 30-day notice if tenant refuses. 15-day mediation + 15-day arbitration. | Complaint form; ₱300 filing fee typical. |
| Ejectment suit (MTC/MeTC) | Must be filed within 1 year from last demand or from expiration of lease, whichever is later. | Verified Complaint + Certificate of Barangay Non-Settlement; Filing fees ≈ ₱3 000 for rents < ₱20 000. |
| Answer of tenant | 10 days from service; summary procedure (no motions to dismiss). | — |
| Preliminary conference / judgment | 30 days summary hearing; judgment in 30 days. | Decision includes back rents, attorney’s fees, and immediate execution after 10 days unless superseded. |
| Execution | Sheriff posts 5-day notice then removes belongings; landlord may store or consign. | Sheriff’s fees ₱5 000-10 000. |
6. Security deposits, advance rent & refunds
- Civil Code Art. 1654 gives tenant the right to demand interest if deposit is not returned within 1 month from turnover of the key.
- RA 9653 is silent, but HLURB/DHSUD Circular 15-2003 treats “one-month deposit and one-month advance” as standard.
- Best practice: Offset unpaid utilities first, prepare a statement of account, and release balance in cash or online transfer with acknowledgment.
7. Special situations
| Scenario | How the rules adjust |
|---|---|
| No written contract (verbal lease) | Still a month-to-month lease. Same 30-day written demand required. |
| Tenant abandoned bedspace | Landlord must still post/mail a notice and store belongings for 30 days; sale/disposal only after written notice + barangay inventory (Art. 1991). |
| COVID-19 or calamity moratoria | DSHUD’s 30-day moratoriums in 2020 applied only during ECQ/MECQ; all have lapsed. No current rent moratorium (May 2025). |
| Commercial dormitories inside university campuses | If lease is with an educational institution (not a boarding-house operator), some courts applied Civil Code locatio conductio operis rules; safer to comply with Rent Control Act anyway. |
8. Criminal and administrative exposure for illegal eviction
- RA 9653, Sec. 13 – Up to ₱25 000 fine and/or imprisonment ≤ 6 months for ejecting without the Act’s notice or for harassment (cutting electricity, removing door).
- Art. 282, Revised Penal Code – Grave threats if violence or intimidation was used.
- Administrative fines – LGUs may suspend or revoke boarding-house permits for violations; DHSUD may impose ₱10 000-₱50 000 per count.
9. Checklist for landlords before serving notice
- Confirm rent level and that RA 9653 still covers you (₱10 000/₱5 000 ceiling).
- Check the ground is one of the Act’s “just causes.”
- Compute arrears accurately; attach SOA.
- Draft 30-day written notice, cite law, set clear deadline.
- Serve personally with witness or send by registered mail; keep proof.
- Calendar 30 days; if unpaid/unvacated, file barangay complaint within the year.
10. Quick FAQ
Q: Can I simply change the lock if the bedspacer is two months behind? A: No. That is constructive illegal eviction; the tenant can sue for damages, moral damages, and refund of deposit plus 12% interest.
Q: We gave a 15-day notice because the written contract says so; is that okay? A: Not if RA 9653 applies. Statutory 30-day notice overrides shorter private stipulations (Art. 1306 vs. police-power statute).
Q: Does the tenant still pay rent during the 30-day notice? A: Yes. The lease remains in force until actual surrender or final writ of execution.
Q: What if the contract labels the occupant a “guest” and the payment a “service fee”? A: Substance prevails over form. Courts look at exclusivity of possession and periodic payments—still a lease.
Closing note
Philippine law balances the landlord’s right to protect property with the bedspacer’s constitutional right to adequate housing and due process. A properly crafted, law-compliant eviction notice is the landlord’s first—and often decisive—step in that balance. Follow the statutory grounds, give the full 30-day grace, document everything, and you will stand on firm legal ground in any eventual ejectment suit.
(Updated to reflect statutes and jurisprudence effective May 12, 2025. For pending bills seeking to extend Rent Control beyond 2024 or raise the rent ceiling, monitor DHSUD advisories and Congress Committee on Housing reports.)