The demand letter (commonly called “Demand to Vacate” or “Final Demand to Vacate and Pay”) is the single most important document in virtually every unlawful detainer (ejectment) case in the Philippines. A defectively drafted or improperly served demand letter is the most common reason why ejectment complaints are dismissed for lack of jurisdiction. Courts, especially the Supreme Court in repeated decisions (e.g., Spouses Ragudo v. Fabella Estate Tenants Association, Inc., G.R. No. 209812, 12 August 2020; So v. Tachin, G.R. No. 198356, 19 April 2022; Heirs of Domingo Valientes v. Ramas, G.R. No. 214167, 18 October 2021), have been uncompromising: no valid demand = no cause of action for unlawful detainer = dismissal without prejudice.

This article exhaustively covers everything a practitioner, landlord, or lawyer must know about drafting, serving, and proving the demand letter in the Philippine context as of December 2025.

I. When Is a Demand Letter Absolutely Required?

A written demand to vacate is mandatory in the following situations:

Non-payment of rentals or failure to pay the reasonable value of use and occupation.
Expiration or termination of an oral lease (month-to-month or without fixed period).
Violation of lease conditions (unauthorized sublease, commercial use of residential unit, nuisance, etc.).
Termination of tolerated possession (lessee by tolerance after revocation of permission, e.g., relatives, caretakers, former employees).
Any ground where the original possession was lawful but became unlawful only upon the happening of a condition or the giving of notice.

A demand letter is NOT required when:

The written lease contract contains a fixed period and expressly provides that upon expiry, the lease terminates without need of demand (jurisprudential rule since Cañeda v. Court of Appeals, G.R. No. L-46050, 28 February 1983, reaffirmed in countless cases).
Forcible entry cases (possession was unlawful from the beginning).
The lease contract itself contains a stipulation that no demand is necessary for termination or ejectment.

Even when technically not required, prudent lawyers always send a demand letter anyway to eliminate any possible defense.

II. Jurisdictional Periods That Must Be Given in the Demand

The Supreme Court has repeatedly ruled on the minimum reasonable periods:

Ground	Minimum Period Usually Upheld	Recommended Safe Period	Citation / Basis
Non-payment of rent	5 days from notice	15 days	Art. 1669, jurisprudence (common practice)
Expiration of oral lease	15 days from notice	30 days	Art. 1687, Jakihaca v. Aquino, G.R. No. L-47407
Violation of lease conditions	15 days to cure + 15 days to vacate if not cured	30 days total	Common practice, Spouses Uy v. Santiago, G.R. No. 191854
Need for personal use (rent-controlled units)	Not less than 30 days	60 days	Sec. 9(f), RA 9653 as amended
Tolerated possession	15 days from revocation	30 days	Art. 539, Delos Reyes v. Spouses Odones, G.R. No. 178096

Giving less than 15 days is risky and often fatal unless the contract expressly allows it.

III. Essential Elements of a Bulletproof Demand Letter

The letter must contain the following elements; omission of any one has caused dismissal in numerous cases:

Full name and address of the lessor/owner (or authorized representative).
Full name(s) of the tenant(s)/occupant(s) and all persons actually occupying the premises (“and all persons claiming rights under them”).
Exact address and technical description of the property (lot number, TCT/OCT number, area, boundaries if possible).
Clear statement of the fact of ownership (attach certified true copy of title if possible, though not mandatory at this stage).
Recitation of the lease history:
- Date lease commenced
- Whether oral or written
- Monthly rental and due date
- Period agreed upon (if any)
- Date of last payment received
Specific ground(s) for ejectment (cite the exact paragraph of Art. 1673 or the lease violation).
Detailed computation of arrears (period covered, monthly rate, total amount, including penalties if stipulated).
Explicit demand to:
- Pay the total arrears within X days from receipt, AND
- Vacate and peacefully surrender possession within the same or longer period. (The Supreme Court insists both demands must be present for non-payment cases.)
Clear statement that failure to comply shall constrain the owner to file the appropriate unlawful detainer case and claim damages, attorney’s fees, etc.
Date of the letter and signature of the owner or lawyer.
Notarization (highly recommended; many courts now treat non-notarized demands as insufficiently formal, especially after the 2019 Revised Rules on Summary Procedure).

IV. Recommended Structure of the Demand Letter

[Letterhead of Owner or Lawyer]
Date

[Name of Tenant(s)]
[Complete address of the leased premises]
(By Personal Delivery and Registered Mail with Return Card)

Subject: FINAL DEMAND TO PAY RENTALS AND VACATE PREMISES LOCATED AT ____________________

Dear Mr./Ms. ____________________:

This is to formally demand that you and all persons claiming rights under you:

PAY the total unpaid rentals amounting to PHP __________ (detailed computation attached/annexed) within FIFTEEN (15) DAYS from receipt of this letter; AND
VACATE and peacefully surrender possession of the premises covered by TCT No. _________ of the Registry of Deeds of ___________, located at ____________________________ within the same FIFTEEN (15) DAYS from receipt hereof.

Your possession was originally lawful by virtue of the oral/written lease contract dated ___________ providing for a monthly rental of PHP _________ payable every _________ of the month. However, you have failed to pay the rentals corresponding to the period ___________ to ___________ despite repeated verbal demands, in violation of Article 1673(2) of the Civil Code.

Should you fail to comply with both demands within the period stated, we shall be constrained to file the necessary unlawful detainer action against you, where we shall likewise pray for damages, attorney’s fees of at least PHP 100,000.00, and costs of suit.

This demand is made without prejudice to whatever criminal liability you may have incurred.

Very truly yours,

[Signature]
[Name of Owner]
Owner

(Notarized)

V. Separate Templates for Common Scenarios

A. Non-Payment of Rent (Most Common)

Use the structure above. Always demand BOTH payment and vacation.

B. Expiration of Written Fixed-Term Lease (Demand Still Recommended)

Even if technically not required, send one stating:
“Your lease expired on ___________ per Clause ___ of the Contract of Lease dated __________ which expressly provides that no further notice or demand shall be necessary upon expiry. Nevertheless, for clarity, this is your final notice to vacate within fifteen (15) days...”

C. Unauthorized Sublease or Change of Use

“Despite the express prohibition in Clause ___ of the Contract of Lease, you have subleased the premises to third parties / converted the residential unit into a commercial establishment, in violation of Article 1673(3) of the Civil Code. You are given fifteen (15) days to remove the sublessees and restore residential use, failing which you must vacate...”

D. Termination of Lease by Tolerance (Relatives, Caretakers)

“Your possession of the property is merely by tolerance. Said tolerance is hereby revoked. You are given thirty (30) days from receipt to vacate...”

E. Personal Use or Major Renovation (Rent-Controlled Units ≤ PHP 10,000/month in NCR as of 2025)

Cite Sec. 9(f) or 9(g) of RA 9653 as amended. Give at least 60 days and attach proof of need (affidavit of owner, building permit, etc.).

VI. Mode of Service and Proof

The Supreme Court accepts any of the following as sufficient proof of service:

Registry return card + registry receipt (best evidence).
Postmaster’s certification.
Sheriff’s return (if served by sheriff).
Acknowledgment receipt signed by tenant or any adult in the premises.
Notarized affidavit of personal service by the landlord’s representative + photograph of the server handing the letter (increasingly accepted).

Service by ordinary mail or private courier is insufficient.

Service by publication is allowed only when the defendant’s whereabouts are unknown and cannot be ascertained by diligent inquiry (Rule 14, Sec. 14, Rules of Court), and only in the court action itself, not for the demand letter.

VII. Common Fatal Mistakes (Dismissal Almost Certain)

Demanding only payment without demanding to vacate.
Giving less than 15 days without contractual basis.
Vague computation of arrears (“more or less” or “approximately”).
Failing to include all occupants (“John Doe, Jane Doe, and all persons claiming rights under them”).
Sending the demand only to the husband but not the wife when both are lessees.
Not notarizing the demand (many MTC judges now require it).
Dating the demand after the barangay complaint is filed.
Using “without prejudice to criminal action for estafa” when there is no deceit (courts dislike this as harassment).

VIII. Procedure After Demand Letter

Wait for the full period given.
If not complied with, file barangay conciliation (mandatory; bring original demand letter and proof of service).
Obtain Certificate to File Action.
File ejectment complaint within one (1) year from last demand or from date possession became unlawful (prescriptive period).

Conclusion

The demand letter is not a mere formality; it is the foundation of the court’s jurisdiction in unlawful detainer cases. A meticulously drafted, properly served, and well-documented demand letter almost guarantees success in the subsequent ejectment suit. Lawyers who treat it as routine paperwork do so at their client’s peril. In the Philippines, where ejectment cases are won or lost at the demand-letter stage, perfection is not optional—it is mandatory.