Eviction for Unpaid Rent Exceeding Six Months in the Philippines
A comprehensive legal guide (updated June 2025)
1. Key Take-aways
| Topic | Core Rule | Statutory Basis | Practice Pointer |
|---|---|---|---|
| Ground | A tenant may be ejected for any unpaid rent, but rent-control units require ≥ 3 months’ arrears; six-month arrears leave almost no viable defense. | Civil Code arts. 1654, 1657 & 1673; Rent Control Act (R.A. 9653, as extended by R.A. 10966 & 11571) | Always issue a written demand to pay or vacate; attach it to the complaint. |
| Venue & Procedure | Unlawful detainer in the first-level court (Metropolitan/ Municipal Trial Court) under Rule 70 & the Revised Rule on Summary Procedure. | Rules of Court; B.P. 129 | File within 1 year from last demand; otherwise file an ordinary action for rescission/collection in the RTC. |
| Notice Period | 15 days for land; 5 days for building/urban leases. | Civil Code art. 1657(2) | Counting starts the day after service. |
| Rent Control Units (≤ ₱11,000 in NCR; ≤ ₱7,500 elsewhere — 2025 ceilings) | Non-payment for ≥ 3 months is an explicit ground; other Civil Code grounds still apply. | R.A. 11571 §8 | The “3-month” rule does not limit the landlord’s right under the Civil Code to sue earlier. |
| Barangay Mediation | Mandatory if landlord & tenant reside in the same city/municipality (except if the property is owned by the government or the parties live in different localities). | R.A. 7160 (Katarungang Pambarangay), Rule 16 A.M. 03-5-01-SC | Handle first or risk dismissal for lack of cause of action. |
| Execution | Immediate upon judgment becoming final, unless the tenant files a supersedeas bond and deposits current rent during appeal. | Rule 70 §19 | Sheriff, not the landlord, must enforce. |
2. Statutory & Regulatory Framework
Civil Code of the Philippines (R.A. 386)
Art. 1654 – Tenant’s primary obligations, including punctual rent payment.
Art. 1657 – Lessor may judicially eject or rescind lease for default; demands:
- Payment or compliance
- Vacate (15 days land / 5 days building)
Art. 1673 – Summarily eject a lessee for expiration, breach, or non-payment.
Rent Control Act
- R.A. 9653 (2009) → extended by R.A. 10966 (to 2020) → R.A. 11571 (2021-2027).
- Applies only to residential units within the prevailing rent ceilings (indexed periodically by the HUDCC/DHSUD).
- Section 8(c): Non-payment of rent for a total of three (3) months is a ground for ejectment.
Rules of Court, Rule 70 – Forcible Entry & Unlawful Detainer
- One-year prescriptive period from last demand.
- Summary procedure: no motion to dismiss (except lack of jurisdiction), no dilatory pleadings.
Revised Rule on Summary Procedure (A.M. 02-11-09-SC as amended)
- Strict timelines: answer within ten days, preliminary conference within thirty days.
- Decision within thirty days from submission.
Barangay Justice System (R.A. 7160, ch. VII)
- Condition precedent where parties are in the same city/municipality and none of the exceptions applies.
COVID-19 Emergency Measures (Historical)
- R.A. 11469 (Bayanihan 1) & R.A. 11494 (Bayanihan 2) granted temporary moratoria (April 2020–Sept 2021); now expired.
3. The “Six-Month” Scenario—Why It Matters
- Rent-control units: Once arrears hit the 3-month mark, the statutory ground under R.A. 11571 §8 is met; six months creates double the exposure.
- Non-covered units (high-rent or commercial): Even one month’s default may ground ejectment under Art. 1657. Six months’ arrears usually negate equitable defenses (partial payment, set-off).
- Prescription & Damages: The amount due can exceed the MTC’s jurisdictional limit (₱300,000 outside NCR / ₱400,000 in NCR), yet the ejectment action remains with the MTC; the excess may be claimed as separate collection or included if within the limit.
- Moral & exemplary damages: Rarely awarded absent proof of bad faith by tenant. Six-month delinquency coupled with deliberate refusal can justify modest awards.
4. Step-by-Step Eviction Workflow
Audit & Demand
- Confirm ledger: principal rent, penalties, utilities.
- Serve demand to pay or vacate (make two separate demands in one letter).
- Allow statutory cure period (15/5 days).
Barangay Mediation (if required)
- File written complaint with the Lupon.
- Attend mediation & possibly arbitration.
- Secure a Certification to File Action if conciliation fails after 15 days (or if the respondent fails to appear twice).
Prepare & File Complaint (MTC/MMeTC)
- Cause of action: Unlawful Detainer.
- Attach: lease contract, proof of ownership/authority, demand letter & proof of service, Statement of Account.
- Pay docket fees (based on amount due + damages).
Litigation under Summary Procedure
- Summons & Answer: Defendant has 10 days; counterclaims limited to compulsory ones.
- Preliminary Conference: Court attempts amicable settlement; issues are simplified; evidence marked.
- Position Papers: Parties submit within ten days; no oral testimony unless necessary.
- Judgment: Within 30 days from receipt of last pleading.
Execution of Judgment
Immediate after 15 days unless appeal perfected.
Tenant appealing must:
- File notice of appeal and supersedeas bond equivalent to accrued rent + costs; and
- Deposit current rent with the appellate court every month.
Sheriff enforces writ; padlocking or “self-help” eviction by landlord is unlawful (Art. 539 Civil Code; Anti-Carnapping of Property? Supreme Court jurisprudence affirms).
Collection of Arrears & Other Remedies
- Separate Collection Action: For arrears exceeding MTC’s jurisdiction, or after ejectment to collect any remaining balance.
- Consignation (Civil Code arts. 1256-1258): Tenant may deposit rent in court to avoid default if landlord refuses payment.
- Offset with Deposit: Tenant can apply advance rent/security deposit against unpaid rent only upon termination, unless contract allows earlier offset.
5. Common Tenant Defenses and How Courts Treat Them
| Defense | Viability after 6 months’ arrears | Notes |
|---|---|---|
| Payment / Partial Payment | Low, but receipts trump ledgers. | Keep official receipts; landlord bears burden once tenant shows proof. |
| Waiver by Acceptance | Weak if landlord kept accepting rent and never demanded balance; stronger if payments accepted without reservation. | Acceptance after demand does not waive ground for ejectment. |
| Violation of Rent Control Ceilings | Possible if rent exceeds lawful increase limits; may offset excess. | Does not cure default on lawful portion of rent. |
| Lack of Written Lease | Irrelevant; verbal leases are valid. | Rent amount is proved by receipts or witness testimony. |
| No Barangay proceedings | Fatal to complaint where mandatory. | Court will dismiss without prejudice. |
| No written demand | Fatal; demand is jurisdictional in unlawful detainer. | Contractual notice clauses do not replace statutory demand. |
| Force majeure (e.g., pandemic) | Courts now reject absent specific moratorium laws in force. | Bayanihan laws no longer applicable. |
6. Illustrative Jurisprudence
- Vivo v. Pagulayan, G.R. 225210 (Feb 3 2021) – Reaffirmed that a 15-day/5-day dual demand is indispensable; rent control “3-month” rule co-exists with Civil Code demands.
- De Jesus v. Spouses Yu, G.R. 238149 (July 7 2020) – Acceptance of partial payments post-demand does not bar ejectment; treated merely as mitigation of damages.
- Padilla v. Paredes, G.R. 224917 (Nov 13 2019) – Barangay conciliation is mandatory even if the lease contract has a venue stipulation.
- Velasco v. Aguilar, G.R. 202412 (Apr 10 2018) – Clarified that the amount of rent arrears does not divest MTC of jurisdiction in ejectment; monetary award may exceed ceiling if within principal rent due.
- Supra Offices Corp. v. Tan, G.R. 213592 (Jan 25 2017) – Security deposit cannot be unilaterally offset by tenant before termination.
7. Practical Tips for Landlords
- Keep meticulous records – ORs, ledgers, bank slips.
- Serve combined demand early – don’t wait for six months; the “clock” for filing starts on receipt.
- File within one year – after that, you must sue for rescission or collection in the RTC, which is slower.
- Anticipate defenses – include a barangay certification, proof of rent control ceiling compliance, and lease provisions.
- Avoid self-help – padlocking exposes you to criminal and civil liability.
8. Practical Tips for Tenants
- Pay or consign within the cure period—consignation neutralizes default.
- Invoke rent control – verify if your monthly rent is within the 2025 ceiling (₱11k/₱7.5k).
- Check notice defects – no written demand = no ejectment jurisdiction.
- Attend barangay hearings – non-appearance weakens equitable defenses.
- Supersedeas bond on appeal – budget for it or risk immediate eviction.
9. Conclusion
Six months of unpaid rent places a tenant in a precarious position under both the Civil Code and the Rent Control Act. For landlords, the key to a successful eviction is strict procedural compliance—especially the statutory demand and barangay conciliation where applicable. For tenants, prompt payment or lawful consignation is the surest shield; procedural lapses by the landlord offer only temporary refuge. With the Rent Control Act extended to 2027 and no current rent moratoria in force, courts routinely grant ejectment once substantial arrears are proved and due process is observed.