Evicting a Non-Paying Tenant in the Philippines: A Comprehensive Legal Guide (2025 Edition)
1. Key Statutes and Rules
| Source of Law | Salient Provisions Relevant to Non-Payment |
|---|---|
| Civil Code of the Philippines (Arts. 1654, 1657, 1673, 1678) | 1657—Lessors may judicially eject for non-payment; 1673—Lease automatically terminable for non-payment, but only through court action; 1654 (3)—Tenant must pay rent; 1678—Right to retain improvements until reimbursement. |
| Rent Control Act – R.A. 9653 (extended by R.A. 11571 to 31 Dec 2027) | • Bars eviction solely for non-payment until rent is three (3) months in arrears. • Requires written notice at least 30 days before filing suit. • Sets penalties (fine + prison) for eviction without court order. |
| Katarungang Pambarangay Law – LGC 1991, ch. VII | Compulsory barangay mediation/conciliation for disputes where parties reside in the same city/municipality (unless commercial lessor is a corporation or property is in different LGUs). |
| Rules of Court, Rule 70 (“Forcible Entry and Unlawful Detainer”) | Lays down the summary procedure for ejectment cases: strict pleadings, truncated timelines, immediate execution of judgments. |
| Constitution, Art. III § 1 | Protects against deprivation of property without due process—hence the iron-clad rule that no eviction may be enforced without a court-issued writ of execution. |
| Special Pandemic Measures | E.g., Bayanihan 2 (R.A. 11494) suspended evictions 13 Sept 2020 – 19 June 2021. These are no longer in force, but arrears accrued during moratoria remain collectible unless condoned. |
2. Recognised Grounds for Eviction When Rent Is Unpaid
- Non-payment or unreasonable refusal to pay rent (Civil Code; R.A. 9653).
- Sub-leasing or assignment without consent.
- Legitimate need of owner to repossess for personal use or authorised demolition, subject to rent control safeguards.
- Expiry of lease term (but landlord commonly sues for unlawful detainer if tenant overstays and owes rent).
For non-payment alone, the landlord must first verify that:
- the dwelling unit’s monthly rent is within the Rent Control ceiling (currently ₱ 10 000 outside NCR’s high-end zones; ₱ 15 000 in Metro Manila and other highly urbanised cities); and
- three months’ rent is overdue before filing, unless the unit is outside the Act’s coverage (e.g., rent > ceiling, or commercial premises).
3. Pre-Litigation Steps
Compute arrears accurately (include VAT if indicated, utilities if contractually owed).
Serve a written demand (“15-day or 30-day Notice to Pay or Vacate”), either:
- personally on the tenant (with witness or process server’s affidavit); or
- by registered mail and posting on the door.
Wait the statutory notice period:
- 30 days for Rent Control units;
- a reasonable period (commonly 15 days) if the Act does not apply.
Attempt settlement (emails, messenger chats, notarised promissory agreements). Courts look favourably on good-faith efforts.
4. Barangay Conciliation (Mandatory in Most Cases)
| Requirement | Details |
|---|---|
| When mandatory? | Parties are individuals and reside or do business in same city/municipality. |
| Procedure | File Request for Mediation → 1st hearing before the Punong Barangay → if unresolved, Pangkat Tagapagkasundo hearing → issuance of Certification to File Action (CFA) after 15 days. |
| Exemptions | • One party is a corporation or estate representative. • Parties live in different cities/municipalities. • Urgent action needed (e.g., violence, expired TRO) — though courts rarely treat rent cases as “urgent”. |
Failure to obtain the CFA when required is fatal; the court will dismiss the ejectment suit for lack of cause of action.
5. Commencing the Unlawful Detainer Suit
| Element | Practical Notes |
|---|---|
| Venue | Metropolitan/Municipal Trial Court (MeTC/MTC/MCTC) where property is located, not where the landlord lives. |
| Complaint | Verified, citing Rule 70; attach lease contract, demand letter, barangay CFA, statement of exact unpaid rentals (itemised month-by-month). |
| Filing Fees | Based on total back rent + damages claimed (see OCA Circular 96-2012). For arrears < ₱ 400 000, fees are within lower bracket. |
| Defendant’s Answer | Must be filed within 10 days from service; no motion to dismiss allowed except on jurisdictional grounds. |
| Preliminary Conference | Set not later than 30 days after last answer; parties must bring affidavits and documents; settlement still encouraged. |
| Decision | Court must decide within 30 days from submission; typical timeline, however, is 3–6 months in urban dockets. |
6. Execution of Judgment
Judgments in Rule 70 are immediately executory. To stay execution, the tenant must:
- Perfect an appeal to the Regional Trial Court within 15 calendar days;
- Post a supersedeas bond equal to accrued rent and approved by the MTC; and
- Deposit monthly rentals with the appellate court on or before the 10th day of each succeeding month.
Failure on any of the three enables the lessor to move for immediate issuance of a Writ of Execution. The sheriff may break open locks and deliver possession, using police assistance if resistance is expected.
7. Appeal and Further Review
| Level | Timeline & Key Requirements |
|---|---|
| RTC (first appeal) | Decides appeal within 15 days from receipt of records; decision also immediately executory unless CA grants injunction. |
| Court of Appeals (Rule 42 petition) | Filed within 15 days of RTC notice; CA rarely interferes with factual findings. |
| Supreme Court (Rule 45) | Pure questions of law; rent cases seldom reach this stage. |
Throughout the appeal, rent deposits continue monthly; otherwise, another writ issues as of right.
8. Tenant Defences Commonly Raised
- Payment or partial payment (receipts, bank transfers).
- No valid demand—e.g., notice period too short, no proof of service.
- Rent Control violation—suit filed before arrears reached three months; or increase exceeded annual cap (2 % per annum since 2024 extension).
- Defective jurisdiction/venue—failure to undergo barangay conciliation.
- Estoppel or waiver—landlord habitually accepted late payments without protest.
- Equitable defenses—COVID-19 displacement; property rendered uninhabitable (Art. 1654 [1]).
Successful defences may lead to dismissal without prejudice (e.g., defective notice), allowing the lessor to re-file after curing defects.
9. Prohibition on Self-Help Eviction
Under Art. 536 (Civil Code) and R.A. 9653 § 12–14, a landlord who:
- padlocks the unit,
- removes doors/roofs,
- forcibly takes possessions, or
- cuts utilities without a court order
may be sued for grave coercion (Art. 286, RPC), qualified trespass, and ordered to pay damages plus 6 months to 2 years imprisonment. The barangay may also file an administrative case with the Housing and Land Use Regulatory Board (now DHSUD).
10. Special Points Under the Rent Control Act (through 31 Dec 2027)
| Topic | Rule |
|---|---|
| Annual Rent Increase | Max 2 % per annum (since 2024). |
| Security Deposits | Not more than two months’ rent; must be returned within one month from turnover, less unpaid utilities/cost of repairs. |
| Advance Rent | Maximum one month, collected upon signing. |
| Lock-In Clauses | Allowed only if tenant may pre-terminate by forfeiting up to one month’s rent. |
| Penalties | Fine ₱ 5 000–15 000 and/or 1–6 months imprisonment for violations. |
Units above the rent ceiling, commercial spaces, dormitories, and transient rentals fall outside the Act; only the Civil Code and Rule 70 govern them.
11. Timeline at a Glance (Typical Metro Manila Case, 2025)
| Stage | Running Days* |
|---|---|
| Written demand served | Day 0 |
| 30-day grace (Rent Control) | Day 0–30 |
| Barangay mediation | Day 31–46 |
| Filing in MTC | Day 47 |
| Summons + Answer (10 days) | Day 70 |
| Preliminary conference | Day 95 |
| Decision (30 days) | Day 125 |
| Motion for execution → enforcement | Day 130-150 |
*Real-world delays (court congestion, sheriff’s calendar) often extend 4–6 months.
12. Tax and Documentary Considerations
- Withholding Tax on Rent (5 %) applies if tenant is a juridical entity.
- VAT (12 %) or Percentage Tax (3 %) may apply if annual gross receipts exceed ₱ 3 M.
- Unpaid rent is accrued income; a landlord must still declare it, but may deduct it as bad debt once judgment is final and enforcement fails.
13. Practical Tips for Landlords
- Screen tenants—require proof of income, previous lessor references.
- Use a notarised written lease clearly stating rent due date, bank account for payment, penalties, and attorney’s fees.
- Issue official receipts; this preserves evidence and aids tax compliance.
- Respond promptly to repair requests; a tenant may legally deposit rent in court if the unit becomes uninhabitable.
- Document everything—photographs, chat logs, bank statements.
- Avoid emotional confrontations; let counsel or licensed property managers deal with delinquent tenants.
14. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Can I disconnect water or electricity if the tenant is three months behind? | No. That constitutes constructive eviction and is criminally punishable. |
| Is a lease clause allowing the landlord to repossess without court action valid? | Void. Parties cannot waive the constitutional guarantee of due process. |
| May I apply the security deposit to current rent and eject immediately? | You may offset (Art. 1282, Civil Code) but must still demand payment of the deficiency and follow Rule 70 for eviction. |
| What if the tenant abandons the unit? | Secure affidavits from neighbours and photos; you may then enter peacefully and inventory left-behind property, but still advisable to ask the barangay to witness entry. |
| How long does a money judgment for back rent remain enforceable? | Five (5) years by execution, renewable for another five by independent action (Art. 1149). |
15. Sample Demand Letter (outline)
[Date]
[Name of Tenant]
[Address]
Re: Demand to Pay Rent Arrears and Vacate
Dear Mr./Ms. ___,
You are now in arrears of ₱ [amount] representing rentals for [months]. Pursuant to Article 1657 and Section 9 of R.A. 9653, you are hereby given **30 days** from receipt of this letter either to:
1. Pay the total arrears in full; **or**
2. Vacate and peacefully surrender the premises located at [full address].
Failure to comply will constrain us, without further notice, to initiate an **Unlawful Detainer** action under Rule 70, at your expense.
Very truly yours,
____________________
[Lessor’s printed name & signature]Conclusion
Evicting a non-paying tenant in the Philippines is procedural rather than physical: every successful ejection hinges on (1) a proper demand, (2) barangay conciliation where required, and (3) a Rule 70 suit culminating in a court-ordered writ of execution. Landlords who shortcut these steps risk criminal liability and substantial damages. By rigorously following the timelines and safeguards outlined above—and by documenting every peso and conversation—a lessor can repossess the property efficiently while respecting the tenant’s constitutional and statutory rights.