Can a Landlord Evict You to Rent the Room to Someone Else?
Tenant Rights in the Philippines (Practical, up-to-date framework without case-specific advice)
Short answer: No, not in the middle of a valid lease, and not without lawful grounds and court process. Even at the end of a lease, “I found someone who’ll pay more” is not a lawful ground for eviction in rent-controlled units, and outside rent control it only matters after the lease ends and proper notices and procedures are followed.
1) The legal backbone—what actually governs your tenancy
Civil Code of the Philippines (Lease provisions). Sets default rules: parties are bound by the lease contract; lessor must maintain peaceful and adequate enjoyment; lessee must pay rent and use the premises properly. Eviction (ejectment) requires legal cause.
Rent Control framework (current Rent Control Act and extensions). Congress periodically renews rent control to protect lower-rent housing. If your unit is covered, the law limits rent increases and strictly enumerates the only grounds to eject a tenant. “Replacing you with a higher-paying tenant” is not one of those grounds. (Coverage depends on geographic area and rent amount ceilings that change by regulation; check which rule currently applies to your rent level.)
Rules of Court (Ejectment cases). Landlords cannot self-evict (no lockouts, no padlocks, no cutoff of utilities). They must sue for forcible entry or unlawful detainer in the Metropolitan/ Municipal Trial Court (MeTC/MTC) and get a court judgment. Only the court sheriff may enforce eviction.
Katarungang Pambarangay (Barangay conciliation). If both parties live (or the property is located) in the same city/municipality and no exception applies, the dispute must first go through Barangay mediation before a court case proceeds.
2) Can your landlord evict you just to rent the room to someone else?
A) You have a fixed-term written lease that has not yet expired
- General rule: The landlord cannot unilaterally terminate mid-term just to re-let at a higher price.
- Exceptions: Only if your lease or law provides a valid ground (e.g., serious breach like non-payment, unauthorized subletting, damaging the unit, illegal use). “Higher-paying tenant” is not a breach by you.
B) Your lease expired and you stayed on
- If your unit is covered by rent control: expiration alone usually does not authorize eviction if you are willing to continue paying and complying. Ejectment must be based on a specific allowed ground (see §3 below).
- If your unit is not covered by rent control: once a fixed term ends (or for month-to-month with proper notice), the lessor may choose not to renew—but still needs proper written notice, must avoid self-help, and must go through court if you do not vacate. The motive (“someone else will pay more”) is not policed by law outside rent control—but process still is.
C) You are on a month-to-month arrangement
- Covered by rent control: Landlord cannot terminate just to replace you. Grounds are limited.
- Not covered: The landlord may end the month-to-month with proper written notice timed to the period (commonly one full rental period unless your contract or local rules require a different notice). Still, no lockouts—only a court can order ejectment.
3) Lawful grounds for eviction you should recognize
Exact wording varies by statute and implementing rules, but the recurring, recognized grounds include:
- Non-payment of rent (often after a specified period or number of months).
- Subleasing/assignment without written consent when the contract prohibits it.
- Owner’s bona fide need to repossess for personal use or by their immediate family. Typically requires advance written notice (commonly three months) and a good-faith commitment not to lease to a third party for a period (often one year). Using this ground to quickly re-let at a higher price can be attacked as bad faith.
- Necessary repairs or demolition ordered by authorities or to comply with safety/structural requirements (usually with permits and advance notice; relocation assistance may be implicated in certain programs).
- Serious lease violations (e.g., creating nuisances, damaging property, illegal activities), if substantiated.
Notably absent: “I found a higher-paying tenant.” Under rent control, that’s not a ground. Outside rent control, it only affects post-term choices, never mid-term termination, and still requires due process.
4) What landlords are not allowed to do
- Self-help eviction: Changing locks, removing doors, confiscating possessions, or shutting off water/electricity to force you out—illegal.
- Harassment or constructive eviction: Threats, unreasonable entry, or creating unlivable conditions to make you leave can expose the landlord to damages and administrative or criminal liability.
- Skipping Barangay conciliation (when required) or the court process.
- Pretending “owner’s use” then leasing to someone else immediately—this can be evidence of bad faith and a defense in court.
5) The process: how a lawful eviction actually happens
- Written demand/notice from the landlord stating the ground (e.g., non-payment with amount due, owner’s use with timeline, repairs with permits).
- Barangay conciliation (if applicable). Failure to participate can be fatal to a later case.
- Court case (ejectment) in the MeTC/MTC (summary procedure).
- Judgment. If the landlord wins, the court issues a writ of execution.
- Sheriff-led enforcement. Only the sheriff may physically eject; landlords cannot.
Timelines in ejectment are intended to be swift, and courts may require periodic deposits of rent into court while the case is pending if you remain in possession.
6) Typical tenant defenses when a landlord wants to replace you
- No valid ground (e.g., reason is just a higher rent from someone else).
- Unit is rent-controlled and the cited ground is outside the enumerated causes.
- Lease still in effect and you are not in breach.
- Procedural defects: no proper written demand, lack of Barangay conciliation, wrong court, or premature filing.
- Bad faith / pretext: Claimed “owner’s personal use” but evidence shows a plan to re-let to a third party; or immediate re-letting after ejectment.
- Payment/Compliance defenses: rent actually paid (with receipts), alleged violation cured, landlord’s waiver by accepting rent after notice, etc.
- Illegal self-help measures by the landlord (grounds for damages and injunctions).
7) Special scenarios
Sale of the property. A sale generally does not automatically terminate a lease. The buyer steps into the shoes of the lessor (“buyer in good faith but subject to existing lease”). Mid-term eviction is still not allowed unless a valid ground exists; at term-end the new owner can choose not to renew (subject to rent-control rules if applicable).
Boarding house/room rentals and shared spaces. Still covered by lease and ejectment principles. House rules can supplement but cannot override statutory protections and due process.
Corporate landlords, agents, and caretakers. Only the real party in interest (owner/authorized lessor) should issue demands and sue. Tenants may challenge standing if notices come from the wrong entity.
8) Practical steps if your landlord wants you out to re-let at a higher price
- Locate your lease (or prove your tenancy by receipts, messages, IDs, barangay certificates).
- Check rent-control coverage for your rent bracket and location (coverage changes over time).
- Keep paying rent on time; get official receipts. If the landlord refuses, document your tender (e.g., deposit to court if a case is filed, or keep proof of attempted payment).
- Insist on written notices. Do not vacate on verbal demands.
- Attend Barangay proceedings if summoned; bring documents.
- Document harassment (photos, videos, messages, witness names).
- Consult counsel or the PAO/IBP legal aid if a case is filed or if utilities are cut.
- Do not abandon possession lightly; possession is a key factor in ejectment cases.
9) Evidence checklist (for tenants)
- Lease contract (or any written terms, texts, emails, chats).
- Rent receipts / bank transfer proofs.
- Photos/videos of the unit and any harassment or lock changes.
- Copies of notices received and your written replies.
- Barangay records (complaint, minutes, settlement).
- Names of witnesses (neighbors, co-tenants).
- Any proof the landlord is marketing your unit to others while claiming “owner’s personal use.”
10) Sample language you can adapt
A) Reply to a “vacate” text based on finding another tenant
Subject: Re: Demand to Vacate I acknowledge your message dated [date]. I have a valid lease/tenancy and remain willing to pay rent and comply with our agreement. Philippine law does not allow eviction simply to replace a tenant with another at a higher rent. Please send any notices in writing stating the lawful ground and observe Barangay conciliation and court process if you intend to proceed. I will continue to pay rent and keep receipts.
B) Request for proper notice and ground
Subject: Request for Proper Notice Please provide written notice stating the legal ground for ejectment and the timeline required by law. If your ground is owner’s personal use or repairs, kindly attach supporting documents (e.g., identity of the family beneficiary; building/repair permits). I reserve my rights under the Civil Code and rent control regulations.
C) Complaint to Barangay (outline)
- Parties, address of premises.
- Brief facts: lease, payments, demand to vacate for higher-paying tenant.
- Relief: amicable settlement for continued tenancy; stop harassment; if non-settlement, issuance of a Certification to File Action.
11) Red flags of illegal eviction
- Threats like “we’ll cut your water/electricity tomorrow” or actual cutoffs.
- Padlocking while your belongings are inside.
- Demands to vacate immediately without any written ground.
- “Owner’s personal use” claim followed by an advertisement to re-let the unit.
- Refusal to issue receipts while later alleging non-payment.
12) Landlord’s perspective—how to do it right (for balance)
- Honor the lease term; gather clear proof of any breach.
- Serve proper written demand with specific ground and amounts due.
- Observe rent-control limits and enumerated grounds if the unit is covered.
- Go to the Barangay when required; then file ejectment if talks fail.
- Never lock out or harass; let the court and sheriff handle possession.
13) Key takeaways
- Mid-term termination to re-let for a higher price is unlawful absent a valid legal ground.
- Rent-controlled units: Grounds are exclusive; replacing you isn’t one of them.
- Outside rent control: Motive matters less, but only after the lease ends and with proper notice and court process.
- No self-help. Only a court can order eviction, and only a sheriff can enforce it.
Friendly reminder
Housing rules—especially rent control coverage thresholds and notice periods—are updated from time to time. The structure above will help you spot what matters; for a live dispute, bring your papers to a lawyer, the PAO, or your Barangay so they can apply the current numbers and forms to your specific case.