Eviction for Unpaid Rent in the Philippines (A Comprehensive Guide as of June 2025)
1. Core Legal Sources
| Instrument | Key Provisions on Unpaid-Rent Eviction |
|---|---|
| Civil Code of the Philippines (Articles 1654-1688) | Lessor’s right to eject for non-payment; formal demand; liability for damages; rules on deposits and grace periods |
| Rules of Court, Rule 70 (Forcible Entry & Unlawful Detainer) | Summary procedure for eviction, jurisdiction, pleadings, trial, judgment, execution, appeals |
| Republic Act 9653 (Rent Control Act of 2009, as extended) | Limits rent increases; bars eviction unless tenant is in arrears for at least three (3) months and after required notice |
| Republic Act 7279 (Urban Development & Housing Act, UDHA) | Additional notice & relocation duties when occupants are informal settlers or areas proclaimed for social housing |
| Barangay Justice System (Republic Act 7160, ch. VII) | Mandatory barangay conciliation before filing most civil suits—including ejectment—when parties reside in the same city/municipality |
| Special/Temporary Laws & Issuances | COVID-19 moratoria (now lapsed); local rent relief ordinances (check current LGU) |
2. Eviction Ground: Non-Payment of Rent
| Element | Practical Explanation |
|---|---|
| Existence of a lease | Written, oral, or tacit renewal (hold-over, tácita reconducción). |
| Tenant in arrears | Even a single installment suffices under the Civil Code; under the Rent Control Act landlord must wait until tenant is behind ≥ 3 months if the unit falls within rent-control thresholds (≤ ₱10,000/month in NCR, lower in other regions; check latest DOJ-HUDCC extension). |
| Notice/Demand | Lessor must (a) formally demand payment AND that the tenant vacates if arrears remain. Demand may be in one letter (“Notice to Pay or Vacate”) or separate notices (first to pay, second to vacate). Demand must give the tenant at least 15 days (or the period stipulated in the contract, whichever is longer) to comply. |
| Failure to comply | Once the grace period lapses without payment, cause of action for unlawful detainer accrues. |
3. Step-by-Step Procedure
A. Pre-litigation Stage
Prepare the Demand Letter
- Identify parties, address, total arrears, computation, deadline.
- Send via personal service with witness or registered mail with receipt to create proof.
Barangay Conciliation (Mandatory in most cases)
- File “Complaint” (Form 1) before the Punong Barangay within 60 days from last demand.
- Possible outcomes: (a) Katarungang Pambarangay settlement/amicable; (b) issuance of a Certification to File Action (CFA) after failed mediation/conciliation.
- Exemptions: parties reside in different cities/municipalities, urgent legal restraint (e.g., imminent demolition), government is a party, etc.
Wait Out the Rent-Control Moratorium, if any
- As of June 2025 the latest RA 9653 extension expires on Dec 31 2027; check implementing guidelines yearly.
B. Litigation Stage (Unlawful Detainer under Rule 70)
| Stage | Time Limit | Notes |
|---|---|---|
| Filing | Within one (1) year from last demand date; else, ordinary action (slower). | |
| Court | Municipal Trial Court (MTC)/Metropolitan Trial Court where property is located. | |
| Complaint | Attach lease, demand letters, CFA, Statement of Claim (SCC). | |
| Summons | Served within 5 days from filing. | |
| Answer | Tenant has 10 days from service to file a verified answer (no motions to dismiss, except for lack of jurisdiction / improper venue / failure to comply with barangay conciliation). | |
| Pre-trial & Mediation | Court-annexed mediation within 30 days; Judicial Dispute Resolution (JDR) optional. | |
| Trial | Summary; each party normally given total of 30 minutes to present evidence. | |
| Judgment | Court must decide within 30 days from receipt of last position paper. | |
| Immediate Execution | Judgment is immediately executory upon motion and posting of a supersedeas bond by landlord unless tenant perfects appeal AND deposits monthly rentals. |
C. Appeals
- Appeal lies to the Regional Trial Court (RTC) within 15 days from notice of judgment.
- Tenant must (1) file notice of appeal, (2) pay docket, (3) deposit current rental each month during appeal, and (4) post a supersedeas bond for back rentals adjudged. Failure = immediate execution.
- RTC decides the appeal within 30 days under Rule 40. Further review to the Court of Appeals (Rule 42) is discretionary and does not stay writ of execution unless CA issues a TRO.
D. Execution of Judgment
Writ of Execution issued by MTC or RTC.
Sheriff’s Eviction
- Gives tenant 5 days written notice prior to physical ejectment.
- May remove belongings to nearest public warehouse or curbside at tenant’s risk.
- Police assistance can be requested.
Collection of Back Rent & Damages
- Sheriff may levy on tenant’s personal/real property to satisfy money judgment.
4. Tenant Defenses & Countermeasures
- Payment/Tender of Rent (with proof) before lapse of demand period.
- Invalid Notice (e.g., wrong address, insufficient time, no demand to vacate).
- Lack of Jurisdiction (complaint filed after one-year prescriptive period).
- Non-compliance with Barangay Process.
- Violation of Rent-Control Act (eviction filed when arrears < 3 months; rent beyond cap; harassment).
- Uninhabitable Premises—article 1654 allows suspension of rent if lessor fails essential repairs.
- Breach of Lessors’ Obligations—e.g., confiscation of deposits without justification.
Practical Tip: Even if defenses fail, depositing all current rentals in court during appeal can buy time to relocate.
5. Special Scenarios & Recent Trends
| Scenario | Special Rule |
|---|---|
| COVID-19 Era Orders (2020-2022) | Several Bayanihan & DTI issuances suspended evictions; all have lapsed. Courts now clear backlog; expect faster timetables. |
| Corporate Tenants or High-Value Leases (> ₱50k/mo) | Not covered by Rent-Control Act; but Rule 70 still applies. |
| Commercial Spaces in Malls | Lease usually contains confession of judgment or waiver of notice; still cannot override statutory process entirely. |
| Informal Settlers / Socialized Housing Sites | UDHA requires 30-day written notice to vacate & LGU relocation; litigation may shift to special UDHA courts—evictions often stay pending relocation plan. |
| Agricultural Leases & PARC-covered Tenancies | Governed by DAR & agrarian laws, not Rule 70—different forum (DARAB). |
6. Recommended Workflow for Landlords
- Audit Lease & Arrears (compute to last centavo; deduct deposits properly).
- Serve Accurate Notice (use both personal & registered mail; keep receipts, photographs).
- Calendar Barangay & Court Deadlines (missing the 1-year window forfeits the summary remedy).
- Maintain Clean Hands (avoid self-help, utility disconnections, or threats; can backfire as harassment).
- Prepare Evidence Early (rent ledger, bounced checks, text/email demands, CCTV, photos of property).
- Budget for Bond & Fees (supersedeas bond ~ arrears + costs; sheriff’s fees scale with claim).
7. Best Practices for Tenants
- Communicate Early—seek restructuring, partial payments, or apply deposit to arrears in writing.
- Keep Records—ORs, bank transfers, screenshots.
- Attend Barangay Hearings—non-appearance can lead to issuance of CFA against you.
- Consider Small Claims for Deposit Refunds after eviction (≤ ₱400k).
- Know Relocation Rights under UDHA if you qualify as an urban poor beneficiary.
8. Timeline Illustration (Typical Metro Manila Residential Case)
| Day | Action |
|---|---|
| 0 | Tenant misses June 1 rent |
| 15 | Landlord serves Notice to Pay or Vacate (gives 15 days) |
| 30 | Tenant fails to pay; cause of action accrues |
| 40 | Barangay complaint filed |
| 70 | CFA issued after failed conciliation |
| 80 | Unlawful detainer filed in MTC |
| 85 | Summons served |
| 95 | Tenant files Answer |
| 110 | Pre-trial / mediation |
| 135 | Judgment (tenant to vacate; ₱___ arrears) |
| 140 | Tenant files notice of appeal, posts bond, deposits current rent |
| 185 | RTC affirms decision |
| 190 | Landlord moves for execution |
| 195 | Writ issued |
| 200 | Sheriff posts 5-day notice |
| 205-210 | Physical eviction |
Total: ± 7 months if all time limits maximized; shorter if tenant defaults.
9. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Can I padlock the unit when tenant won’t pay? | No. That is constructive eviction & subject to civil/criminal liability. |
| Must I refund security deposit if there are arrears? | Deposit may be offset, but provide written breakdown & receipts. |
| Is e-mail demand valid? | Yes, under the Rules on Electronic Evidence if the lease allows electronic notice or parties have habitually used e-mail. Still safer to use hard copy. |
| What if tenant claims employer hasn’t paid salary? | Compassion is optional; legally, rent is due regardless. You may offer restructuring but may still sue. |
| Are foreign tenants protected? | Yes, same procedure; but overstaying aliens may face BI watchlist if court judgment cites unlawful detainer. |
10. Key Takeaways
- Demand letter + barangay conciliation + Rule 70 form the backbone of Philippine eviction for non-payment.
- Rent Control Act slows—but does not bar—eviction; arrears ≥ 3 months suffice.
- One-year prescriptive period is critical; file on time.
- Judgments are immediately executory unless the tenant both appeals and pays current rental monthly.
- Self-help shortcuts almost always backfire; follow the paper trail to the letter.
Disclaimer: This article is for informational purposes only as of June 2025 and is not a substitute for personalized legal advice. Laws and administrative issuances can change; always consult a Philippine lawyer or your local Housing & Land Use Regulatory Board (HLURB) satellite office for up-to-date guidance.