Eviction Notice Periods for Occupants of Entrusted Properties in the Philippines

General information only; not a substitute for legal advice.

1) What “entrusted property” means (and why it matters)

In Philippine practice, entrusted property refers to premises occupied because the owner or lawful possessor allowed the stay—not acquired by force or stealth. Common situations:

By tolerance: a relative, friend, or former owner permitted to stay without a lease.
Caretakers/house sitters: occupancy linked to a service or agency arrangement.
Employer-provided quarters: housing tied to an employment or service contract (e.g., farmhands, building staff).
Commodatum (loan for use) or similar gratuitous use.
Trust/estate scenarios: an heir or trustee letting others use property pending settlement.
Tenants whose fixed-term lease ended but were allowed to hold over for a time.

Once permission ends (revoked, expired, or violated), continuing possession becomes unlawful detainer (a summary ejectment case under Rule 70), not forcible entry.

2) Sources of law that control notices and timelines

Civil Code: governs leases, commodatum, agency, and default rules on demands.
Rule 70, Rules of Court: summary ejectment (forcible entry/unlawful detainer). It requires a demand to vacate (and to pay, if rent is claimed) but does not fix an exact number of days for the pre-suit demand.
Katarungang Pambarangay Law: many disputes require barangay conciliation before court (when the parties live in the same city/municipality and are not otherwise exempt).
Rent Control law (current/most recent Act and extensions): limits grounds and imposes specific pre-eviction notice rules for certain covered dwellings and rent brackets (not all units are covered).
Urban Development and Housing Act (UDHA): protects underprivileged and homeless occupants; before any eviction/demolition, authorities must give at least 30 days’ prior written notice and meet other humanitarian safeguards (applies to specific contexts, not to every private ejectment).
Special contexts (e.g., foreclosure/writ of possession, writs of demolition) have sheriff-implemented notice windows distinct from the pre-suit demand.

3) Core rule: the pre-suit demand in unlawful detainer

For anyone who stayed by your permission but must now leave, you generally must first serve a clear written demand ending the permission and requiring them to vacate (and, if applicable, to pay). Key points:

No fixed statutory number of days for the demand period appears in Rule 70 or the Civil Code.
In practice, owners commonly give 5–15 days for simple tolerances or commodatum, and 15–30 days for former tenants. Longer periods are often strategic, not mandatory—see Section 7 below.
The case must be filed within 1 year from the last demand or from the date possession became unlawful (whichever jurisprudence on your facts supports). Delay can push the case out of Rule 70 into a full-blown accion publiciana (ordinary civil action), losing the summary procedure advantages.

Minimum content of the demand letter

Identify the basis of prior permission (tolerance, caretaking, lease ended, etc.).
Revoke permission effective immediately or on a specified date.
Demand to vacate (and to pay/use-and-occupy compensation if applicable).
Set a reasonable period (see matrix below).
Warn that failure will lead to barangay conciliation (if required) and then ejectment suit with attorney’s fees and damages.

Service: Deliver personally with acknowledgment, or registered mail/courier with proof, and post conspicuously on the premises if access is refused. Keep all receipts, photos, and logs.

4) Special notice regimes you must check before acting

A. Rent-controlled units (if your property is covered)

Some grounds (e.g., owner’s bona fide need to repossess; major repairs) require the lessor to give the tenant at least three (3) months’ prior written notice before eviction. Other grounds (nonpayment, subleasing, nuisance, damage) follow different standards. Coverage depends on rent amount, location, and unit type, and statutes are periodically extended/updated. If the unit is not covered, this three-month rule may not apply.

Takeaway: For any lease in the likely rent-control range, presume longer notice (3 months) could apply unless you have firm legal confirmation of non-coverage.

B. UDHA (Urban Development and Housing Act) situations

If the occupants qualify as underprivileged and homeless citizens and the situation involves eviction/demolition (especially on government land or danger areas), authorities must give at least 30 days’ prior written notice and satisfy strict safeguards (consultation, presence of officials, and—when applicable—relocation). This is largely a public law pathway; private owners who obtain ejectment judgments still coordinate with sheriffs who must avoid violating UDHA protections in covered contexts.

C. Employer-provided housing / service housing

If the right to stay depends on employment or service, termination (or reassignment) typically ends the housing privilege. While no universal statutory days apply to the pre-suit demand, giving at least 15 days is common and can align with employment notice practices and labor standards (the labor law “twin notice rule” is for disciplinary cases, not housing, but courts frown on surprise homestead evictions).

D. Foreclosure and writ of possession (bank-acquired properties)

After title consolidation, the purchaser may obtain a writ of possession, generally ex parte if the property is still in the mortgagor’s hands. Once a court issues the writ, the sheriff enforces it; implementation usually includes a short sheriff’s notice (often a handful of days) to vacate before forced entry or a writ of demolition. This sheriff notice is part of execution, distinct from your pre-suit demand.

5) Practical notice-period matrix (owner side)

These are practical timelines used in the field when the law does not fix a hard number; adjust upward if rent control or UDHA applies.

Occupancy scenario	What to serve	Practical notice window (pre-suit)
Relative/guest/by tolerance	Demand to vacate ending permission	10–15 days (shorter only if urgent and well-documented)
Caretaker / house sitter / agency-based stay	Demand to vacate referencing end of assignment/agency	15 days
Ended lease (no rent control coverage)	Demand to vacate (and to pay mesne profits)	15–30 days
Lease likely under rent control (owner repossession or major repairs)	Statutory notice + demand	3 months (statutory)
Employer-provided quarters	Demand to vacate citing end of employment/assignment	15 days (or more if contract says so)
Post-foreclosure with writ of possession	Court’s writ; sheriff’s notice to vacate	Sheriff-led (often a few days before enforcement)
UDHA-covered community	LGU/agency 30-day prior notice + safeguards	≥30 days (public process)

If your contract specifies longer periods (e.g., 30 or 60 days), the contract governs so long as it does not violate law.

6) Barangay conciliation: don’t skip it

If both sides reside in the same city/municipality (and no exemption applies), you generally must file a complaint at the barangay before going to court. The demand letter and any three-day, 10-day, or 15-day windows you chose do not replace barangay proceedings. Conciliation outcomes:

Amicable settlement: enforceable like a final judgment.
Certification to file action: prerequisite for filing the ejectment case.

7) Strategy: why “reasonable” notice helps you win faster

Because the Rules don’t fix a number of days for the pre-suit demand in most entrusted-occupancy cases, courts look for reasonableness:

Too short (e.g., 24–48 hours with no emergency) may look oppressive and can invite defenses or pleas for equity.
Too long can push you toward the 1-year prescriptive limit for unlawful detainer if you keep renewing demands.
A clear, single demand with a reasonable deadline and proof of service is usually best.

8) Filing the case (if they don’t vacate)

When: After the demand period lapses (and barangay conciliation, if required), file unlawful detainer in the first-level court where the property lies.
What to allege: Prior lawful possession by tolerance/permission, termination/revocation, demand to vacate, and continued refusal.
Relief: Restitution of possession, reasonable compensation for use and occupancy (often pegged to prior rent or fair rental value), attorney’s fees, costs, and, if justified, preliminary mandatory injunction (rare but possible) to recover possession pendente lite.
Timelines: Summary procedure (no full-blown trial), written submissions, preliminary conference. A judgment can be executed after it becomes final unless an appeal with supersedeas bond and periodic deposits is properly made.

9) Common pitfalls

Skipping barangay conciliation when required.
Vague demands (e.g., failing to expressly revoke permission or to demand surrender of keys).
No proof of service of your demand.
Relying on self-help (changing locks, cutting utilities, removing doors/windows). This risks criminal, civil, and administrative liability.
Ignoring rent-control or UDHA overlays.
Letting the 1-year window lapse from the date possession turned unlawful (or last demand)—forcing you into a slower ordinary action.

10) Sample demand to vacate (entrusted occupancy)

Re: Demand to Vacate – Revocation of Permission Date: [●]

[Name of Occupant] [Address at the Premises]

Dear [Name],

You have been allowed to occupy [full address/description of property] by my permission/tolerance as owner/lawful possessor. Effective upon your receipt of this letter, that permission is revoked.

You are hereby demanded to vacate and peacefully surrender possession of the premises, with all keys, within [15] calendar days from receipt of this letter. Should you fail to do so, I will pursue barangay conciliation (if applicable) and file the appropriate unlawful detainer case, including claims for reasonable compensation for use and occupancy, attorney’s fees, and damages.

If you claim any right to remain, please put it in writing within the same period and attach supporting documents.

This demand is made without prejudice to other rights and remedies.

Sincerely, [Owner/Authorized Representative] [Contact details]

(Adapt the period to 30 days if your facts point to rent-control coverage for owner repossession or other grounds requiring longer notice.)

11) Quick checklists

Before serving notice

Identify occupancy basis (tolerance, caretaker, ended lease, etc.).
Screen for rent control or UDHA applicability.
Confirm barangay conciliation requirements (residence, exemptions).
Gather documents: title/contract/agency letter; photos; IDs; prior messages.

When serving notice

Use clear, polite but firm language; set a calendar deadline.
Serve by personal delivery with acknowledgment or registered mail; if blocked, post on the door/gate and document with photos/witness.
Keep a service log (date/time/method/witness).

If no compliance

File at the Barangay (if required) → obtain Certification to File Action.
Prepare Rule 70 complaint with annexes (title/SPA, demand letter + proofs, photos).
Consider claiming use and occupancy compensation from the date permission ended (or last paid rent), plus attorney’s fees.

12) FAQs

Q: Is a verbal demand enough? It can be, but written demands with proof of service avoid factual disputes and support the one-year reckoning for unlawful detainer.

Q: Can I cut utilities to pressure them to leave? No. That’s self-help and can expose you to liability. Use the legal process.

Q: What if the occupant pays nothing and we never had a lease? That’s still possession by tolerance. End the tolerance in writing; if they refuse to leave, proceed with Rule 70.

Q: What if there was a lease that expired? Serve a demand to vacate. If the unit appears rent-control-covered and your ground is owner repossession or major repairs, give 3 months; for other grounds, check the specific rule for that ground.

Q: What if the occupant claims UDHA protection? Coordinate with counsel and the LGU. Private ejectment judgments must be executed consistent with UDHA safeguards when they apply.

13) Bottom line

Start with a clear written demand ending the permission.
Use reasonable periods unless a specific statute (like rent control or UDHA) fixes a longer minimum notice.
Document everything; conciliate at the barangay when required; then move under Rule 70 if needed.
Avoid shortcuts—the proper notices often speed up, not slow down, repossession.