A practical legal article for landlords and property managers (Philippine context).

1) Big picture: what “eviction” legally means in the Philippines

In the Philippines, a landlord generally cannot lawfully remove a tenant by force or by “self-help” (changing locks, shutting off utilities, removing belongings, harassment, etc.). The lawful route is typically an ejectment case in court—most commonly Unlawful Detainer under Rule 70 of the Rules of Court—supported by proper notices and (often) barangay conciliation.

This article focuses on eviction because the tenant did not pay rent, but nonpayment often comes bundled with other issues (utilities, damage, subleasing, overstaying after contract end). You can usually include related claims (unpaid utilities, damages) in the same case or as a separate action depending on circumstances.

This is general legal information. For decisions affecting rights, money, or possession, consult a Philippine lawyer who can assess documents, dates, and local rules.

2) Key laws and concepts you must understand

A. Civil Code rules on lease (basic landlord–tenant framework)

The Civil Code provisions on lease set core principles:

Rent is due as agreed in the contract (monthly, weekly, etc.).
Nonpayment is a breach and can justify termination/rescission and ejectment.
The lease may end by expiration of term, rescission for breach, or termination after proper notice (depending on contract terms and the kind of lease).

B. Rule 70: Ejectment cases (the main court process)

Most landlord eviction cases for nonpayment are:

Unlawful Detainer – tenant’s possession started lawful (by lease) but became unlawful after breach/termination, and the tenant refused to leave after demand.

Less common in rent disputes:

Forcible Entry – tenant took possession by force, intimidation, threat, strategy, or stealth (not typical for ordinary leases).

Where filed: usually the Municipal Trial Court (MTC/MCTC/MeTC) where the property is located. Nature: summary/expedited compared to ordinary civil cases.

C. Rent control (if applicable)

The Philippines has periodically implemented rent control for certain residential units under statutory rent control laws. If your property is covered, there may be extra restrictions on rent increases and specific grounds/procedural requirements for ejectment. Coverage depends on factors like type of unit, location, and monthly rent threshold, which change by law. Practical point: even if rent control applies, nonpayment remains a recognized ground—but the conditions (like required arrears period or notice rules) may differ.

D. Katarungang Pambarangay (barangay conciliation)

Many landlord–tenant disputes require prior barangay mediation/conciliation before filing in court, unless an exception applies (e.g., parties live in different cities/municipalities, or other statutory exceptions). Courts commonly dismiss or delay cases that should have gone through barangay first.

3) “Nonpayment” as a ground: what counts, what complicates it

A. What counts as nonpayment

Failure to pay rent on the due date under the contract.
Partial payment where full payment is required (unless landlord agreed to accept partial payment as full satisfaction).
Nonpayment of rent plus agreed charges treated as rent (only if contract clearly provides), such as association dues or certain utilities—be careful: not all charges automatically become “rent.”

B. Common complications

Acceptance of late/partial rent Repeated acceptance of late payments can weaken a strict “due date” position, and can create arguments about implied extension or waiver. It does not automatically erase the right to eject, but it can complicate proof and timing.
No written lease A lease can exist even without a written contract. You will rely on receipts, messages, bank transfers, witness testimony, and the parties’ conduct to prove terms (rent amount, due date).
Security deposit / advance Landlords often want to “apply the deposit to unpaid rent.” Whether you may do so depends on the contract terms and how the deposit is defined. Even if applied, if arrears remain or the lease is terminated, ejectment may still proceed.
Tenant defenses Tenants commonly raise:

“I already paid” (dispute on receipts/ledger)
“Landlord refused to accept payment” (consignation issues)
“Unit had defects; I withheld rent” (generally risky for tenant unless legally justified)
“I was promised more time” (estoppel)
“Landlord is harassing/illegal eviction” (can backfire on landlord if true)

4) The golden rule: you almost always need a proper demand to pay and vacate

For Unlawful Detainer, the landlord must generally show:

There was a lease or lawful possession at the start;
Tenant breached (nonpayment) and landlord terminated/rescinded or otherwise ended the lease;
Landlord made a demand to pay and vacate (or to vacate after termination); and
Tenant refused to vacate; and
The case was filed within the required period (see timing below).

What a good demand letter contains

Correct date and addresses; tenant name(s)
Property description (unit number/address)
Lease reference (written lease date, or “oral lease beginning ___”)
Detailed arrears: months unpaid, amounts, penalties if contract allows
Clear demand: PAY (specific amount) AND VACATE if not paid by a deadline
Deadline (a reasonable period; many use 5–15 days depending on context, but tailor to contract and fairness)
Mode of payment, where to pay, and instruction to return keys
Statement that failure will lead to barangay/court action for ejectment, damages, attorney’s fees

Serve it in a provable way: personal service with signed acknowledgment; registered mail with proofs; reputable courier with tracking and receipt; or email only if you can prove tenant receives it and it’s consistent with your contract/practice.

5) Timing and deadlines that can make or break the case

A. The “one-year” ejectment timing concept (critical)

Ejectment cases are meant to be quick and are subject to strict timing rules. In Unlawful Detainer, the action must be filed within the required period counted from the point possession became unlawful—often tied to the last demand to vacate or the termination of the right to possess.

Practical takeaway:

Don’t let arrears drag on for years without a clear demand and follow-through.
If you keep sending demands, keep records.
Consult counsel early to avoid filing in the wrong forum or outside the proper period.

B. Contract term vs. month-to-month

Fixed-term lease: you can terminate for breach (nonpayment) via rescission/termination and demand to vacate.
Month-to-month / verbal lease: termination and demand are even more important because the tenant will argue continuing consent.

6) Step-by-step process: from missed rent to lawful eviction

Step 1: Document everything immediately

Create/compile:

Lease contract (or evidence of lease)
ID of landlord/owner/authorized agent
Proof of ownership/authority (title/tax declaration, SPA if agent)
Ledger of rent due and payments received
Receipts, bank transfers, chat messages
Utility bills (if you’ll claim them)

Step 2: Send a demand to pay and vacate

Use a written demand with clear arrears computation and deadline.

Step 3: Barangay conciliation (often required)

If applicable:

File a complaint at the barangay where the property is located or where parties reside (depending on rules).
Attend mediation/conciliation.
If no settlement: obtain the certificate to file action.

Step 4: File an ejectment case (Unlawful Detainer) in the proper MTC

Your complaint typically asks for:

Restitution of possession (tenant to vacate)
Back rent / arrears
Reasonable compensation for use and occupation (often “rent per month until tenant leaves”)
Utilities/damages (if supported)
Attorney’s fees and costs (if justified by contract or bad faith)

Because ejectment is summary, the court focuses mainly on possession, not ownership. Keep allegations tight and proof organized.

Step 5: Trial and judgment (summary procedure dynamics)

Ejectment proceedings are designed to be faster:

Pleadings and hearings are streamlined.
Courts often require position papers/affidavits and documentary evidence.

Step 6: Execution (getting the tenant physically out—lawfully)

If you win:

The court issues a writ of execution.
The sheriff enforces it, with procedures for the tenant’s belongings and turnover of possession.
If necessary, the court may issue further orders to implement the writ (e.g., to open premises), but it is done through lawful enforcement—not landlord force.

7) Appeals and how tenants can “stay” while appealing

A tenant may appeal an ejectment judgment to a higher court. However, ejectment judgments have special rules: the tenant usually must comply with conditions to avoid immediate execution during appeal, such as:

Filing the proper bond (often a supersedeas bond) to cover rent/amounts adjudged; and
Continuing to deposit rent/compensation as it becomes due during the appeal.

If the tenant fails these conditions, the landlord can seek execution pending appeal (meaning the landlord may regain possession even while the appeal is ongoing).

Because these requirements are technical and time-sensitive, landlords should coordinate closely with counsel right after judgment.

8) What you should not do (and why it backfires)

Illegal “self-help” eviction tactics that can create liability

Changing locks without a court order
Cutting electricity/water to force the tenant out
Removing tenant’s property or throwing it outside
Threats, harassment, public shaming, coercion
Unlawful entry into the leased unit

These can expose a landlord to:

Criminal complaints (depending on acts)
Civil liability for damages
Injunctions and adverse findings in the ejectment case

If the tenant is truly abandoned the unit, you still want to proceed carefully (document abandonment, inventory, notices, witness affidavits) before taking possession, ideally with legal guidance.

9) Practical drafting: a demand letter outline (landlord-friendly)

Subject: Demand to Pay Rent Arrears and Vacate Premises

Identify parties and property
State lease details (start date, rent, due date)
Itemize arrears (month, amount, totals; attach ledger)
Demand payment by a specific date and instruct where/how to pay
State that failure to pay will result in termination/rescission and demand to vacate
Demand turnover of keys and removal of belongings by deadline
Reserve rights to file barangay complaint and ejectment case, and to claim damages/fees
Sign with landlord/authorized representative; attach SPA if applicable
Serve with proof

10) Frequently asked questions

“Can I evict immediately after one missed month?”

You can start with a demand as soon as rent is overdue. Whether you can file immediately depends on your contract terms, whether rent control rules apply, and whether barangay conciliation is required. Practically, landlords often file once arrears are clear and demand has been ignored.

“What if the tenant offers to pay after I demanded they leave?”

You may accept payment and continue the lease, or accept without waiving the termination (this is legally delicate and fact-specific). If your goal is eviction, accepting payment may weaken your position unless handled properly and documented.

“Can I claim unpaid utilities and damages in the same case?”

Often yes, if they relate to the lease and are properly supported, but the court’s priority is possession. Some damages may be better pursued separately depending on complexity.

“What if there’s no written contract?”

You can still file. You must prove the lease relationship and terms using receipts, messages, witnesses, bank transfers, and the parties’ conduct.

“What if the tenant refuses to receive the demand letter?”

Document attempts at service. Use registered mail/courier with tracking, and keep proofs. Refusal to receive can still help show notice was attempted.

11) Landlord checklist (do this in order)

Compute arrears accurately; prepare ledger and proofs
Review lease clauses (due date, grace period, penalties, attorney’s fees, notices)
Issue written demand to pay and vacate with provable service
If required, file barangay complaint; secure certificate to file action if no settlement
File Unlawful Detainer case promptly in the proper MTC with complete attachments
Avoid self-help eviction; let court/sheriff enforce
After judgment, monitor appeal deadlines and tenant deposit/bond compliance for execution

12) Tenant-side note (to anticipate defenses)

Understanding tenant defenses helps you prepare:

Keep receipts/acknowledgments consistent
Maintain a clean ledger
Communicate professionally
Repair obligations: document requests and actions taken
If tenant alleges payment refusal, ensure your payment channels are clear and you do not unreasonably refuse valid payment

If you want, paste your lease clause on termination/nonpayment (remove personal details), and I can rewrite it into a stronger Philippine-style clause and also draft a demand letter tailored to the facts (amounts, dates, mode of service).