Eviction Rules When There Is No Written Lease in the Philippines

(Residential and Commercial, Urban Setting – updated to 2025)

Important notice: This article is an educational overview based solely on publicly available Philippine statutes, Supreme Court decisions, and administrative issuances. It is not a substitute for tailored legal advice. When faced with an actual dispute, consult a Philippine lawyer.

1. Where the Rules Come From

Source	Key Provisions on Ejectment Without a Written Contract
Civil Code (Arts. 1654-1688, 1305-1317)	Defines lease, obligations, and how to determine the term if none is fixed in writing (Art. 1687).
Rules of Court (Rule 70; 1991 Rules on Summary Procedure)	Governs the actions of forcible entry and unlawful detainer before first-level courts (MTC/MTCC/MCTC).
Rent Control Act of 2009 (RA 9653) as periodically extended (most recently to 31 Dec 2027 by RA 11571)	Caps rent increases and limits grounds and notice periods for eviction of residential tenants paying monthly rent ₱10,000 or less (Metro Manila) or ₱5,000 or less (other urban areas).
Urban Development & Housing Act (UDHA, RA 7279 as amended)	If the occupant is an informal settler and the structure qualifies as a “blighted” or “danger” area, eviction needs 30-day written notice and relocation.
Katarungang Pambarangay Law (Secs. 399-422, LGC 1991)	Most landlord-tenant cases must undergo barangay mediation before any court filing, unless in a highly urbanized city or parties live in different barangays/municipalities.
Selected jurisprudence	Spouses Abasta v. Tormis, G.R. 192381 (2013); Heirs of Malate v. Gamboa, G.R. 200449 (2016); David v. Cordova, G.R. 198715 (2016); Pangilinan v. Heirs of Domingo, G.R. 173736 (2012).

2. Is There Really a Lease When Nothing Is Written?

Under Art. 1356 a lease is a consensual contract: meeting of the minds + object + price is enough. Evidence: rent receipts, text messages, even oral testimony. If the term is not fixed and rent is paid:

Monthly rent → presumed month-to-month lease (Art. 1687).
Daily/weekly rent → day-to-day or week-to-week lease.
Annual rent → year-to-year lease.

Each period automatically renews (tacit reconduction) unless the landlord gives proper notice of termination.

3. Grounds for Eviction

General (Civil Code)	Extra rules if covered by RA 9653
1 . Non-payment or habitual delay in rent. 2 . Violation of any agreed condition (e.g., sub-leasing when barred). 3 . Expiration of the implied term (month-to-month etc.). 4 . Destruction of premises. 5 . Owner’s need to demolish or occupy (allowed but still needs notice + good faith).	1 . Non-payment of rent for three months. 2 . Legitimate need of owner/compulsory sale of the dwelling. 3 . Necessary repairs to make the unit safe. 4 . Expiration of lease contract provided the tenant refuses the reasonable renewal offer.

Tip: If rent already exceeds RA 9653’s ceiling, only the Civil Code applies and the landlord may lawfully raise rent or terminate subject to Art. 1687 notice.

4. How Much Notice Is Required?

Civil Code leases (not covered by RA 9653) – reasonable notice; jurisprudence and custom treat 15-30 days as reasonable for month-to-month arrangements.
RA 9653-covered units – Written notice: at least 3 months if ground is owner’s need or demolition; 3 days if ground is non-payment (Sec. 9).
UDHA informal settlers – 30 days + relocation plan.
Agrarian or agricultural leases – completely different regime (DARAB jurisdiction).

Notice must be in writing, personally served or posted on the door and sent by registered mail, to avoid disputes over service.

5. The Procedural Roadmap

Demand Stage
- Send demand to pay or vacate (a.k.a. notice to vacate).
- Itemize arrears or cite other ground.
Barangay Lupong Tagapamayapa (if parties reside in the same city/municipality and exclusion does not apply).
- File a Complaint for Unlawful Detainer within 60 days from last demand.
- Secure Certificate to File Action (CFA) if mediation fails.
Court Filing (Rule 70 / Summary Procedure)
- Venue: Municipal Trial Court; attach CFA, notices, rent receipts.
- Defendant’s Answer: 10 days; no motions to dismiss except recognized grounds.
- Preliminary conference then judgment within 30 days; appeal to RTC, then CA/SC.
- Immediate execution upon posting of supersedeas bond and payment of current rent every month during appeal—failure lets landlord ask for execution despite appeal (J. Bernardino Realty v. BMG, 2015).
Sheriff-assisted Eviction
- Sheriff issues Notice to Vacate (5 days) then writ of demolition.
- Self-help lockouts or “padlocking” without writ expose the landlord to criminal and civil liability (RA 1052/6038 and Art. 448, RPC on coercion).

6. Practical Effects of Having No Written Contract

Issue	With Written Lease	With Only Oral Lease (or expired written lease)
Term certainty	Fixed term controls, usually cannot eject until end of term unless a specified ground occurs.	Art. 1687 month-to-month default; owner may terminate on reasonable notice.
Rent increases	Must follow contract and RA 9653 caps (if within threshold).	Still subject to RA 9653 caps and rent must be “reasonable”; absence of contract does not allow arbitrary increases.
Renewal	Depends on contract clause (may be automatic or optional).	Lease silently renews each month (tacit reconduction); either party may end it monthly with notice.
Security deposit & advance rent	Governed by contract; often two-month deposit + one-month advance.	Landlord can still require—but tenant can dispute excess or unreasonable deductions more easily for lack of written terms.
Proving breach	Landlord must show breach of written stipulation.	Breach must be of Civil Code obligations (e.g., failure to pay, misuse).

7. Frequently Litigated Questions

“Can I rely on text messages as evidence of the lease?” Yes. Under the Rules on Electronic Evidence, texts and emails are admissible to prove existence of a contract and payment terms.
“Does payment of real-property tax establish ownership in ejectment cases?” No. Only better right to physical possession (prior lawful possession) matters; title issues are tackled only provisionally and do not bind future land registration suits.
“What if the tenant never paid rent but claims to be a ‘builder in good faith’?” That doctrine generally applies to possessors in concept of owner, not to lessees. Non-payment of rent negates good faith and is a ground for unlawful detainer.
“Is a three-day demand too short?” For RA 9653 non-payment ground—three (3) days is expressly allowed. Otherwise, courts often view 15-30 days as the minimum reasonable notice under Art. 1687.
“Can the landlord simply disconnect water or electricity?” No. That is constructive eviction and punishable under RA 8484 (for water) or can support damages for harassment and even criminal coercion.

8. Special Contexts

Context	Rule of Thumb
Commercial rentals	Not covered by RA 9653. Civil Code governs; longer notice (30-60 days) is customary but not statutory.
Condominium units	Condo Corp. by-laws add another layer: owner must comply with building rules when evicting a tenant; but ejectment action remains between owner and tenant.
Agricultural land	Governed by RA 1199, RA 3844, and DAR—ejectment requires DARAB action, not Rule 70.
Dormitories/bed-spacers	Still a lease; for bed-spacers under ₱10k/month in Metro Manila, RA 9653 applies.
Government-owned lands	May involve Notice to Vacate by the LGU or NHA; occupants often classified as informal settlers → UDHA relocation obligations kick in.

9. Landlord’s Compliance Checklist (No Written Lease)

Draft a clear demand letter: state ground, amount due, give date certain to vacate.
Serve properly: personal + registered mail + take photo of delivery.
Wait out notice period (3/15/30 days depending on coverage).
Attempt barangay mediation; secure CFA.
File unlawful detainer within 1 year from last demand.
Be ready to post filing fees + sheriff’s expenses; attend preliminary conference.
Upon judgment, consider supersedeas bond issues if appeal anticipated.
Coordinate with sheriff only—avoid self-help.

10. Tenant’s Defense Toolkit

Rent receipts / bank transfers proving payment.
Defects in notice (wrong address, insufficient days).
Lack of barangay mediation when required.
Rent Control Act protection: show rent level within ceiling and no valid statutory ground.
Promises to renew / long occupation: may persuade court but do not supersede Art. 1687.
Equitable defenses: estoppel if landlord accepted rent after filing, etc.

11. Penalties for Wrongful Eviction

Act	Liability
Lock-changing, padlocking, cutting utilities	Criminal coercion (Art. 286, RPC); damages.
Eviction without court order of an informal settler family	Fine/ imprisonment under UDHA + administrative sanctions for LGU enforcers.
Accepting rent but refusing to issue receipt	Administrative fine under BP No. 25; may defeat non-payment ground.

12. Key Take-Aways

Even without paper, a lease exists once rent is accepted.
Art. 1687 converts it into a periodic lease—terminable with reasonable written notice.
If rent is within RA 9653 limits, statutory notice and grounds override any informal arrangement.
Never evict by force; always go through barangay and Rule 70 courts.
Tenants retain due-process protections; landlords preserve rights by documenting every step.

Prepared 25 May 2025 – reflects legislation and Supreme Court rulings up to G.R. decisions reported in the January 2025 Philippine Reports.