Eviction Rights of New Landlord Against Existing Tenants Under Philippine Rental Control Law

The acquisition of a rented residential property by a new owner invariably raises the question: Can the new landlord evict the existing tenants simply because he now owns the property?

The short answer under Philippine law is no — for residential units covered by Republic Act No. 9653 (Rent Control Act of 2009), sale or transfer of ownership alone is not a ground for eviction. The tenant’s right of possession continues until the lease expires or until a lawful ground for judicial ejectment exists. RA 9653 expressly provides that no lessor or successor-in-interest may eject the lessee on the ground that the leased premises have been sold or mortgaged to a third person. (Lawphil)

This principle is governed by the Civil Code, RA 9653, and applicable DHSUD/NHSB rent-control regulations. As of 2026, rent regulation continues for covered residential units, particularly units with monthly rent of ₱10,000 or less under current DHSUD/NHSB policy. Units outside rent-control coverage are governed mainly by the lease contract, the Civil Code, and the Rules of Court.

Legal Framework Governing the Issue

1. Civil Code of the Philippines (RA 386)

   • Art. 1673 – The lessor may judicially eject the lessee when the agreed period has expired, for lack of payment, violation of lease conditions, or improper use causing deterioration. (ChanRobles)
   • Art. 1676 – The purchaser of leased property may terminate an unrecorded lease, except when there is a stipulation to the contrary in the contract of sale, when the purchaser knows of the lease, or when the sale is fictitious and made to extinguish the lease. (ChanRobles)
   • Art. 1687 – If the period is not fixed, the lease is deemed from year to year, month to month, week to week, or day to day depending on how rent is paid; courts may also fix a longer term in proper cases. (ChanRobles)

2. Republic Act No. 9653 (Rent Control Act of 2009) RA 9653 applies only to covered residential units. Its current rent-control implementation has been continued by DHSUD/NHSB issuances for covered units. For covered units, RA 9653 provides specific grounds for judicial ejectment and expressly prohibits ejectment merely because the property was sold or mortgaged. (Lawphil)

3. Jurisprudence The specific Supreme Court cases cited in the earlier version of this article have been omitted because they could not be verified as supporting the stated propositions.

Grounds for Judicial Ejectment Under RA 9653, Section 9

For residential units covered by RA 9653, ejectment may be allowed on the following statutory grounds:

1. Assignment of lease or subleasing of the residential unit, in whole or in part, including acceptance of boarders or bedspacers, without the written consent of the owner/lessor.

2. Arrears in payment of rent for a total of three (3) months, subject to the tenant’s right to consign or deposit rent when the lessor refuses to accept payment.

3. Legitimate need of the owner/lessor to repossess the property for his or her own use or for the use of an immediate family member as a residential unit, subject to the following statutory conditions:

   • If the lease is for a definite period, the lease period must have expired.
   • The lessor must give the lessee formal notice at least three (3) months in advance of the intention to repossess.
   • The owner/lessor is prohibited from leasing the residential unit or allowing its use by a third party for at least one (1) year from repossession.

4. Need of the lessor to make necessary repairs on premises subject to an existing order of condemnation by the proper authorities in order to make the premises safe and habitable. After repair, the ejected lessee has first preference to lease the same premises, subject to the statutory qualifications.

5. Expiration of the period of the lease contract. (Lawphil)

Can a New Owner Validly Invoke “Personal Use”?

Yes, if the unit is covered by RA 9653 and the statutory requirements are met.

A new owner who has become the owner/lessor may invoke legitimate need to repossess the property for his or her own use, or for the use of an immediate family member, as a residential unit. However, the owner must comply with the statutory requirements: the definite lease period must have expired, formal notice must be given at least three (3) months in advance, and the owner/lessor must not lease the unit or allow its use by a third party for at least one (1) year from repossession. (Lawphil)

For units not covered by RA 9653, the analysis depends mainly on the lease contract, the Civil Code, and the applicable procedural rules on ejectment.

What the New Landlord CANNOT Do

• Evict simply because he bought the property, if the unit is covered by RA 9653. “Sale/transfer of ownership” is not, by itself, a statutory ground for ejectment. (Lawphil)
• Evict during the effectivity of a fixed-term lease on the ground of personal use, where RA 9653 applies.
• Use self-help such as padlocking, cutting utilities, or harassment. A possessor has a right to be respected in possession and may be protected or restored by lawful means. (ChanRobles)
• Demand eviction on the pretext of repairs when the statutory requirements for repairs or condemnation are not present.

Procedure the New Landlord Must Follow

1. Send a formal written demand or notice to vacate stating the specific ground. For repossession based on personal or family use under RA 9653, the notice must be given at least three (3) months in advance.

2. Undergo barangay conciliation when required by the Katarungang Pambarangay Law.

3. If conciliation fails or is not applicable, file an ejectment case before the proper Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court.

4. Prove the ground for ejectment through competent evidence.

5. If the judgment becomes final and executory, enforce it through the proper writs and court processes.

Special Cases and Exceptions

• If the lease contract is recorded or annotated, the new owner is generally bound by the lease according to its terms.

• If the purchaser knew of the lease, Article 1676 does not allow termination merely on the basis that the lease was unrecorded. (ChanRobles)

• If the sale is fictitious and made for the purpose of extinguishing the lease, the supposed buyer cannot use Article 1676 to terminate the lease. (ChanRobles)

• Condominium units may be subject to additional restrictions under the Condominium Act, the master deed, condominium rules, and the lease contract.

Conclusion

Under Philippine law as applied in 2026, a new landlord who purchases a residential property occupied by existing tenants cannot evict them merely because ownership has changed, especially if the unit is covered by RA 9653. For covered residential units, eviction must be pursued through judicial action and based on a statutory ground, such as non-payment, unauthorized subleasing, legitimate personal or family use, necessary repairs under the law, or expiration of the lease period.

For units not covered by RA 9653, the lease contract, the Civil Code, and the Rules of Court govern. In all cases, the new owner should avoid self-help eviction and must use lawful procedures to recover possession.