This is a general legal explainer in the Philippine context. It’s not a substitute for legal advice on a specific case.

1) Big picture

“Chronic late payment” isn’t a term of art in Philippine statutes, but repeated, habitual delay in paying rent can amount to a breach of the lease. Depending on your facts and your contract wording, eviction (ejectment) may be pursued through unlawful detainer under Rule 70 of the Rules of Court. If the unit is covered by rent control, additional statutory rules on grounds and notice apply. The safest path is to (a) build a paper trail, (b) give proper written demands, (c) comply with barangay conciliation when required, and (d) file in the proper first-level court within one year from the last demand or last violation.

2) Legal bases you’ll rely on

Civil Code (Lease)
- The lessee must pay rent on the date agreed; breach allows the lessor to cancel (rescind) the lease and claim damages.
- Contract terms govern if not contrary to law, morals, or public policy (e.g., “time is of the essence,” late-fee clause, grace period).
Rule 70, Rules of Court (Ejectment: forcible entry/unlawful detainer)
- Unlawful detainer applies when possession was lawful at the start (valid lease) but becomes unlawful because the tenant fails to comply (e.g., persistent late rent) and refuses to vacate after demand.
- Must be filed within 1 year from the last demand/last breach that makes possession unlawful.
Rent Control (if applicable to your unit and rent level)
- The rent control regime (periodically extended) limits rent increases and enumerates grounds for eviction (e.g., arrears equivalent to at least three months, owner’s use, necessary repairs, substantial lease violations, etc.).
- Even where the tenant keeps catching up late, repeated violation of lease terms can be treated as a ground independent of the 3-month arrears rule—provided your contract clearly requires punctual payment and you can prove habitual breach.
- Always check current coverage thresholds and extensions; rules can change by regulation.

3) Chronic lateness vs. nonpayment

Nonpayment: clear ground; after proper demand, you can sue for unlawful detainer.
Chronic lateness (tenant pays, but days or weeks late, again and again):
- Strengthen your case with contract language (e.g., “rent due on the 5th; failure to pay on or before the due date constitutes a material breach; repeated late payments are grounds for termination without need of prior judicial rescission,” plus a late-fee and grace period you actually enforce).
- Document a pattern (e.g., 8 of the last 12 months paid more than X days late). Courts look for materiality and good faith; the better your paper trail, the stronger the breach theory.

4) Evidence you should have ready

Written lease (signed) with clear due dates, grace period (if any), late fees, default clause, termination/forfeiture clause, “time is of the essence.”
Rent ledger showing due date, date paid, amount, arrears, and late fees assessed/collected.
Receipts and SOAs; bank slips or transfer confirmations.
Demand letters (see Section 9 templates) with proof of service (registered mail with registry receipt and tracking/return card, personal service with signed acknowledgment, or courier affidavit).
Communications (texts/emails/messages) where the tenant admits delay or asks extensions.
Any prior notices imposing late fees or warning of termination if delays continue.

5) Pre-litigation steps (and why they matter)

Serve a clear written demand to pay and/or to vacate
- State the breach (habitual late payment), the contract provisions violated, the amount due (including late fees if allowed), and a definite deadline to pay and/or vacate (e.g., 10–15 days).
- Say that failure to comply will lead to lease termination and ejectment.
- This demand is jurisdictional in unlawful detainer.
Barangay conciliation (Katarungang Pambarangay)
- Required if both lessor and lessee are natural persons who reside or transact in the same city/municipality (with common exceptions).
- Not required if either party is a juridical person (e.g., corporation/condominium corp. as lessor), or the parties are in different cities/municipalities, or an exception applies.
- If required and you skip it, your case can be dismissed. Secure the Certificate to File Action if no settlement.
Avoid self-help
- No lockouts, no padlocking, no power/water disconnection, no removal of doors/windows. These can expose you to criminal (e.g., grave coercion) and civil liability and can sink your court case.
Decide your remedy
- If you want to keep the lease: collect late fees, insist on strict compliance, and issue final warning.
- If chronic lateness persists: proceed to termination and ejectment.

6) Filing the unlawful detainer case

Where: First-level court (MeTC/MTCC/MTC) where the property is located.
When: Within 1 year from the last demand or last actionable breach that made possession unlawful.
What to file:
- Verified Complaint (attach the lease, demands, proof of service, rent ledger, barangay certificate if required).
- Certification against forum shopping.
- Pay filing fees (ejectment is jurisdictional to first-level courts regardless of rent amount).
Process:
- Court issues summons; preliminary conference and court-annexed mediation follow.
- Submit judicial affidavits and documentary exhibits; the court aims for expeditious resolution.
Judgment & execution:
- If you win, the court may award possession (eviction), back rentals, reasonable compensation for use and occupation, damages, and costs.
- Immediate execution is typical in ejectment. To stay execution on appeal, the tenant must (a) perfect the appeal on time, (b) file a supersedeas bond to cover rents/damages up to judgment, and (c) deposit current rentals monthly during appeal; failure allows execution pending appeal.
- Sheriff enforces a writ of execution; if needed, a writ of demolition issues (after due notice) for structures/fixtures wrongfully retained.

7) Special issues under rent control

Coverage: Check if your unit (type, monthly rent range, date) falls under current rent control coverage. If covered, the law:
- Caps annual rent increases,
- Lists grounds for eviction (commonly including arrears of three months or more, substantial damage, owner’s use, necessary repairs, violation of lease terms, expiry of lease, etc.), and
- Often requires good faith and, for some grounds, reasonable prior notice.
Chronic late payment: Even if the tenant repeatedly pays late but never hits “3 months arrears,” you can still proceed on violation of lease terms—but you must show that punctual payment is an essential obligation and that you gave clear warnings and reasonable notice before termination.

8) Contract drafting to prevent (and win) chronic-late cases

Make punctuality explicit
- “Rent is due on or before the [due date] each month. Time is of the essence. Payment after the due date constitutes default.”
Grace period (short and clear)
- “A [X-day] grace period applies. After this, the account is in default and late charges apply.”
Late fees & default interest
- Provide a fixed late fee and/or default interest on overdue rent starting the day after grace period.
- Keep charges reasonable; Philippine courts may reduce unconscionable penalties.
Escalation & termination ladder
- “If Tenant is late [e.g., any 3 months within a 12-month period], Lessor may terminate on [15] days’ written notice and file ejectment if Tenant fails to vacate.”
Application of payments
- “Payments are applied to charges, penalties, and interest first, then oldest unpaid rent, unless the Lessor agrees otherwise in writing.”
Security deposit
- Clarify when it may be applied (many lessors reserve it only at end of lease for unpaid rent/utilities/damages after final accounting).
- State that deposit is not a substitute for last month’s rent unless expressly allowed.
Notices & service
- Specify valid service methods (physical address in the lease, email, courier, registered mail) and that receipt or first presentation counts as service.
Attorney’s fees & venue
- Reasonable attorney’s fees clause and exclusive venue where the property is—subject to rules on venue stipulations.

9) Practical templates (adapt to your facts)

A. Final Demand to Pay on Time (Warning Shot)

Subject: Final Demand to Pay Rent Punctually under Lease dated [date] Dear [Tenant], Our records show repeated late rental payments on: [list months with due dates and actual payment dates]. Under Section [x] of our Lease, time is of the essence and late payment constitutes default with applicable late charges. You are hereby demanded to (1) pay the total due of ₱[amount] (including late charges of ₱[amount]) on or before [date], and (2) strictly comply with punctual payment going forward. We warn that further late payments will result in lease termination and ejectment. This is without prejudice to other rights and remedies. Sincerely, [Lessor] Serve by registered mail and email; keep proofs.

B. Notice of Lease Termination & Demand to Vacate (Based on Chronic Late Payment)

Subject: Termination of Lease and Demand to Vacate – Chronic Late Payment Dear [Tenant], Despite prior warnings dated [dates], you have repeatedly failed to pay rent on or before the due dates under Sections [x] and [y]. Your chronic late payment constitutes a material breach. The Lease is hereby TERMINATED effective [date]. You are demanded to vacate and peacefully surrender possession of the premises at [address] on or before [date] and to pay ₱[total arrears/fees]. Failure to comply will leave us no choice but to file unlawful detainer and seek eviction, back rentals, damages, and costs. Sincerely, [Lessor] Attach statement of account; serve with proof.

10) Litigation strategy tips

Tell a tight story: “Lease requires punctuality → repeated late payments (ledger) → warnings and demand → termination → refusal to vacate.”
Compute carefully: Show how you computed arrears, late fees, interest, and current reasonable value of use and occupation.
Mind the one-year clock: Count from your last demand/last breach that made possession unlawful.
Supersedeas watch: If the tenant appeals, oppose any failure to post bond or deposit current rent monthly—that allows execution pending appeal.
Settlement leverage: Offer waiver/reduction of late fees or move-out date in exchange for vacate and unit turnover; memorialize in a compromise agreement that’s submitted to and approved by the court for enforceability.

11) Common pitfalls (and how to avoid them)

Vague contracts: If “due date” or default consequences aren’t crystal-clear, courts may see mere tardiness as not material.
Skipping barangay conciliation: If required, its absence can doom the case.
Poor service of demand: No proof of service → jurisdictional defect in unlawful detainer.
Self-help/harassment: Changing locks, cutting utilities, public shaming—expect countersuits and possible criminal exposure.
Rent control missteps: Suing on the wrong ground or ignoring required notices can lead to dismissal even if lateness is real.

12) Landlord’s compliance hygiene

Receipts: Issue ORs promptly (BIR rules); keep a complete ledger.
Data privacy: Keep tenant personal data and IDs secure; disclose only when legally necessary (e.g., to court).
Taxes: Ensure proper withholding/VAT or percentage tax treatment (especially for commercial leases).

13) Quick checklist

Lease has punctuality + default + termination clauses
Ledger proves a pattern of late payments
Final demand(s) sent with proof of service
Barangay conciliation complied with (if required)
Complaint filed in the proper court within 1 year
Evidence bundled: lease, demands, ledger, receipts, affidavits
Reliefs sought: eviction, back rentals, use & occupation, damages, fees
Post-judgment: monitor for supersedeas bond and rent deposits if appealed

14) When to consult counsel

Your property is rent-controlled and you need to pick the strongest, compliant ground.
You want to terminate mid-term on a chronic-lateness theory.
You anticipate defenses (waiver by past acceptance of late payments, alleged illegal charges, repair issues, harassment).
You need to structure a settlement or consented move-out that’s enforceable.

If you want, I can adapt the templates to your exact facts (due date, grace period, number of late months, amounts due) and draft a ready-to-serve demand package.