Eviction for Non-Payment of Rent in the Philippines — Landlord & Tenant Rights

This is general information for the Philippines and not legal advice. Laws and implementing guidelines (especially rent-control coverage and caps) are updated from time to time. When in doubt, consult a Philippine lawyer or your local housing office.

Key Takeaways (TL;DR)

Non-payment of rent is a lawful ground to evict, but only a court can order eviction. Lockouts, padlocking, and cutting utilities are illegal self-help.
Before suing, landlords must make a demand to pay and vacate and (in many neighborhoods) undergo barangay conciliation.
Unlawful detainer (Rule 70, Rules of Court) is the usual case for eviction due to unpaid rent. It’s handled by first-level courts (MeTC/MTC/MCTC) under summary procedure.
To stay (pause) eviction while appealing, the tenant must file a supersedeas bond and deposit current rent monthly with the court.
Rent-controlled residential units are subject to special rules (e.g., allowable rent increases, specific eviction grounds such as non-payment for a minimum number of months). Coverage thresholds and the “minimum months in arrears” rule are periodically updated, so check the latest DHSUD/DTI circulars.
Security deposits may be used only for unpaid obligations and damages and must be returned after deductions at lease end within a reasonable time.

1) Legal Framework

Civil Code (Lease): Sets duties and remedies of lessor/lessee (delivery, peaceful enjoyment, repairs, judicial ejectment for non-payment, breach, or expiration of term).
Rules of Court: Ejectment suits (forcible entry and unlawful detainer) proceed under Rule 70 and the Rule on Summary Procedure.
Katarungang Pambarangay (Barangay Justice): Many disputes must first go through barangay conciliation before filing in court if the parties (both natural persons) live in the same city/municipality. Exceptions apply (e.g., one party is a corporation, there’s no personal confrontation possible, etc.).
Rent Control Act regime (residential): The Rent Control Act of 2009 and its periodic implementing guidelines cap rent increases for covered units and enumerate lawful grounds for eviction (including non-payment of rent for a specified aggregate period). Coverage bands and the “aggregate months of arrears” requirement are updated periodically—verify the latest circular that applies to your unit’s rent range and location.
Special laws: Urban poor demolitions (UDHA) and agrarian tenancy have their own processes and different forums. Typical residential and commercial rent-nonpayment evictions use Rule 70 in regular courts.

2) When Can a Landlord Evict for Non-Payment?

A. General rule (all leases)

A landlord may judicially eject a tenant who fails to pay rent when due. The usual remedy is unlawful detainer (possession initially lawful, then becomes illegal after demand to pay/comply and vacate).

Essential elements for unlawful detainer (non-payment):

Tenant’s possession started lawfully (lease or tolerance).
Demand to pay and vacate (oral or written) was made.
Tenant failed to comply, so possession became illegal.
Case is filed within one year from the last demand or from when possession became unlawful.

Tip: Put the amount due, period covered, where and how to pay, and a clear deadline in the demand. Keep proof of service (personal service with acknowledgment, courier, or registered mail).

B. Rent-controlled residential units

If your unit falls under the current rent-control coverage, additional rules apply:

Eviction for non-payment generally requires arrears to reach a minimum aggregate period (historically expressed in months).
Other allowed grounds include subleasing/assignment without consent, owner’s bona fide need for use, necessary repairs, condemnation, etc.
Rent increases are capped annually for covered units; deposits/advance rent are also regulated (historically: one month advance, up to two months’ deposit, and deposit return after deductions).

Because coverage thresholds, caps, and the “months-in-arrears” trigger are updated through DHSUD/DTI guidelines, confirm the current circular that applies to your rent bracket and location.

C. Commercial leases

Commercial units are not under residential rent control. Contract terms and the Civil Code govern, subject to public policy (no self-help evictions).

3) Pre-Litigation Steps (Landlords)

Audit the arrears. Prepare a ledger (due dates, amounts, payments, penalties if any). Verify contract clauses (grace periods, penalties, notices).
Prepare and serve a Demand to Pay and Vacate.
- State the sum due, periods, deadline, and that failure will lead to suit.
- Serve properly; document service (photos, witnesses, courier/registry receipts).
Barangay conciliation (if required).
- If both lessor and lessee are natural persons residing in the same city/municipality, first seek barangay mediation.
- Obtain a Certificate to File Action if no settlement is reached. (Not required if an exception applies.)
Consider tender/consignation issues. If rent was tendered and refused, the tenant may consign with the court; landlords should accept payment (without waiving rights) to avoid disputes over “non-payment.”
Prepare evidence. Lease contract, ledger, receipts, demand letter & proof of service, barangay certificate, IDs, SPA/board resolution (if represented), and proof of authority (property title/authority to lease).

4) Filing the Case

Case: Unlawful Detainer (Rule 70).
Where: First-level court (MeTC/MTC/MCTC) where the property is located.
When: Within 1 year from the last demand or accrual of illegal possession.
What to file:
- Complaint (verified) stating material facts;
- Attached evidence;
- Certification against forum shopping;
- Barangay Certificate if required;
- Payment of docket fees (based on damages/arrears claimed).
Damages you may claim: Unpaid rent/occupational fees, legal interest, contractual penalties (if reasonable), attorney’s fees (when justified), and costs.

5) How the Case Proceeds (Summary Procedure)

Summons & Answer: Defendant files a verified answer within the short period fixed by the rules (no motion-to-dismiss, with narrow exceptions).
Preliminary conference: The court explores amicable settlement, stipulations, and issues; parties submit position papers and affidavits.
No full-blown trial unless the court deems it necessary; the case is decided mainly on affidavits and documents.
Judgment: May order eviction, payment of arrears/damages, and costs.

6) Execution, Payment During Appeal, and Staying Eviction

Immediate execution: Ejectment judgments are immediately executory.
To stay execution while appealing, the tenant must:
1. Perfect the appeal on time;
2. File a supersedeas bond (usually to cover rents/damages up to the judgment); and
3. Deposit current rent with the appellate court monthly as they fall due (courts commonly require deposit on or before the 10th day of each month or as specified).
Failure to keep up deposits allows the court to order execution despite the appeal.
Writ of execution: The sheriff enforces the judgment. Demolition of structures, if necessary, requires a special order of the court.

7) What Landlords Cannot Do (Even if Rent Is Unpaid)

No self-help eviction. No padlocking, taking the tenant’s belongings, or changing locks without a court order.
No utility cutoffs to force a move-out.
No harassment or threats. Coercive acts can incur criminal liability (e.g., grave coercion) and civil damages.
No confiscation or “distress” of tenant’s properties without due process.

8) Tenant Rights & Defenses in Non-Payment Cases

Due process & court order first.
Payment / partial payment / tender & consignation. If the landlord refused payment, the tenant may consign with the court to avoid being in default.
Receipts & ledger accuracy. Dispute amounts (wrong computation, illegal charges, uncredited payments).
Defective demand. No (or insufficient) demand to pay and vacate can defeat unlawful detainer jurisdiction.
Waiver/estoppel. Accepting rent after termination/demand can undermine the landlord’s theory of illegal possession.
Habitability & repairs. For necessary repairs the landlord refuses to make, the tenant may (after proper notice) undertake and deduct reasonable costs from rent; severe habitability breaches can justify defenses or damages.
Rent-control violations. If covered, the landlord’s over-cap increase, refusal to issue receipts, or eviction on non-allowed grounds can be a defense.
Wrong forum / wrong case. If more than one year has passed since possession became unlawful, the proper remedy may be accion publiciana/reivindicatoria (different rules, often RTC).
Agrarian/UDHA exceptions. If the dispute actually falls under agrarian tenancy or urban poor demolition rules, special tribunals/procedures apply.

9) Security Deposits, Advances, and Receipts

Residential rent control (historically): One month advance and up to two months’ deposit; deposit is returned after deductions (unpaid rent, utility arrears, reasonable damages) within a reasonable period after turnover.
Receipts are mandatory. Tenants are entitled to official/acknowledgment receipts for every payment (rent, utilities, deposit).
No unilateral conversion of deposit into last month’s rent unless expressly allowed or mutually agreed.

10) Special Situations

No fixed term leases (month-to-month): The Civil Code treats them as from month to month; termination requires proper notice and demand before filing unlawful detainer.
Sublease/assignment without consent: Often an independent ground for eviction (check your rent-control circular/contract).
Company-provided housing / employment-linked occupancy: Possession usually ends with employment; still require demand and Rule 70 action if the occupant refuses to vacate.
COVID-era moratoria (historical): Temporary grace periods existed but have lapsed; current rights revert to ordinary rules unless new measures are enacted.

11) Practical Checklists

For Landlords (non-payment)

☐ Review lease and compute arrears (clear, dated ledger).
☐ Draft Demand to Pay and Vacate (amounts, coverage, deadline, where to pay).
☐ Serve demand properly; keep proof.
☐ If required, barangay conciliation → secure Certificate to File Action.
☐ File unlawful detainer with attachments; pay fees.
☐ Prepare for summary procedure (affidavits, position paper).
☐ If judgment is favorable, move for execution; oppose appeal stay if tenant misses bond/deposits.

For Tenants (facing eviction)

☐ Audit your payments; gather receipts/screenshots/bank proofs.
☐ If landlord refused payment, consign with the court.
☐ Check if your unit is rent-controlled and what current rules say.
☐ File a verified answer on time; attach supporting affidavits.
☐ If appealing, post supersedeas bond and deposit monthly rent on schedule to stay execution.
☐ Document any habitability issues and repair notices.

12) Model “Demand to Pay and Vacate” (Bare-bones)

Subject: Demand to Pay Rent and Vacate Premises: [Address/Unit No.] Lessee: [Name] Arrears: ₱[amount] covering [months] per lease dated [date]. Demand: Pay the full amount and vacate the premises on or before [date] by 5:00 PM, delivering keys and settling utilities. Payment may be made via [method/place]. Notice: Failure to comply will leave us no option but to file unlawful detainer and seek damages, costs, and attorney’s fees. Signed: [Lessor/Authorized Representative] Service: [Personal delivery with acknowledgment / Registered Mail no. / Courier ref.]

(Attach a ledger.)

13) FAQs

Q: Can my landlord evict me without going to court if I’m 2 months behind? A: No. Only a court can order eviction. For rent-controlled units, the minimum arrears period for eviction may be set by current guidelines—verify the latest circular.

Q: I paid, but the landlord refused to accept to build a case. What do I do? A: Tender payment and, if refused, consign in court right away. Keep proof of the tender/refusal.

Q: We’re both residents of the same city. Do we really need barangay conciliation? A: Usually yes if you are both natural persons and no exception applies; otherwise the case can be dismissed for lack of prior conciliation.

Q: The tenant appealed but stopped paying current rent. A: Move for execution for failure to maintain monthly deposits during appeal.

Q: Can the landlord keep my security deposit as “penalty”? A: The deposit is for unpaid obligations and damages actually proven. Any excess must be returned after turnover within a reasonable time.

14) Smart Tips

Paper trail wins cases. Keep contracts, ledgers, receipts, and service proofs neat and dated.
Be precise in your demand. The one-year filing window often counts from the last day in your demand—draft it carefully.
Mind rent-control coverage. If your unit is covered, follow the current caps and grounds to the letter.
Stay professional. Avoid confrontations; let the court process work. Missteps (like lockouts) can flip the case against you.

If you want, I can turn this into a printable checklist pack (landlord and tenant versions) or draft a demand letter tailored to your situation.