Grounds for Ejectment of Tenants by Property Heirs in the Philippines

This article explains when and how heirs of a property owner may lawfully eject a tenant in the Philippines. It covers substantive grounds, special rent-control rules, procedure, timelines, evidence, and practical pitfalls—written for both residential and commercial contexts. It is general information, not a substitute for legal advice about a specific case.

1) Why heirs can sue to eject a tenant

Heirs step into the shoes of the owner. Under the Civil Code (Art. 1311), contractual rights and obligations generally extend to heirs unless the contract provides otherwise or the obligation is strictly personal. A lease is transmissible; when the lessor dies, the heirs (or the estate/administrator, if there is a pending estate proceeding) succeed to the lessor’s rights, including the right to demand rent and to recover possession.

Any one co-heir may sue. While heirs commonly become co-owners of the decedent’s property until partition, any co-owner may bring an action in ejectment to recover possession from a possessor without title (Civil Code Art. 487). This is often invoked when one heir spearheads the case in the Municipal Trial Court (MTC).

Estate administration caveat. If a judicial estate proceeding is ongoing, the court-appointed administrator typically controls the estate property. In practice, however, courts allow heirs or the administrator to file ejectment—as long as the suit is to recover possession (not to finally adjudicate ownership). Ejectment courts decide title questions only provisionally to resolve who has the better right to possess.

2) Two kinds of ejectment cases (Rule 70, Rules of Court)

Forcible Entry — The tenant/occupant’s possession was unlawful from the start (e.g., entry by force, intimidation, threat, strategy, or stealth). Filing deadline: within 1 year from the date of unlawful entry (or discovery, if by stealth).
Unlawful Detainer — Possession was lawful at the beginning (e.g., by lease or tolerance), but became unlawful when the right to stay expired or was revoked and the occupant refused to vacate after written demand. Filing deadline: within 1 year from the last demand to vacate (the latest unequivocal demand starts the one-year clock).

Key point for heirs: If a tenant stayed on by the decedent’s tolerance, possession turns unlawful only upon written demand by the heirs (or administrator). The one-year period runs from that demand.

Venue: MTC where the property is located. Reliefs: Restitution of possession, back rentals/mesada, reasonable compensation for use and occupation, attorney’s fees, costs, and, if needed, writ of demolition.

Immediate execution on appeal: Judgments in ejectment are immediately executory unless the defendant files a supersedeas bond and deposits current rents during appeal.

3) Substantive grounds heirs may invoke (Civil Code & contract)

Civil Code Article 1673 authorizes judicial ejectment for these classic grounds, which heirs may invoke:

Expiration of the lease term.
- If the fixed term lapses, the lessee must vacate—unless there is tacita reconducción (implied renewal) under Art. 1670 (see §4 below).
Non-payment of rent (or agreed charges treated as rent).
- Demand to pay and vacate is standard; if unpaid, file unlawful detainer.
Violation of any lawful lease covenant.
- Examples: unauthorized pets/alterations; using premises for unpermitted business; nuisance; refusal of reasonable inspections; breach of house rules.
Sublease or assignment without the lessor’s written consent.
- Even if the lease is silent, the Civil Code independently recognizes this ground.

Other Civil Code hooks frequently paired with Art. 1673:

Serious damage or dangerous condition attributable to the tenant (waste, impairment of use).
Use for illegal or immoral purposes.
Overcrowding or misuse beyond agreed purpose (e.g., residential unit turned into a dormitory or industrial use).
Refusal to allow necessary repairs or access at reasonable times.

Commercial leases (offices, stores, warehouses) are outside residential rent-control and are governed principally by the contract and Civil Code. If the contract states additional grounds (e.g., change in control, insolvency, persistent late payment as default), those may support ejectment—subject to unconscionability and public policy limits.

4) Holdover tenants and tacita reconducción (implied renewal)

When a fixed-term lease ends yet the lessee continues in possession with the lessor’s acquiescence (e.g., the lessor accepts rent), Art. 1670 deems the lease impliedly renewed, not for the original term but for the periods in Art. 1687:

If rent is monthly → the lease is month-to-month;
If weekly rent → week-to-week; if daily → day-to-day.

Practical tip for heirs: If you wish to end a month-to-month holdover, serve a clear written demand giving a reasonable period (30 days is common unless the lease specifies a different notice). After that period, possession becomes unlawful, and the one-year period to sue begins.

5) Special rules for residential units under rent control

Residential rent-control laws (currently under the Rent Control Act and periodic executive/NEDA extensions) restrict eviction and cap rent increases for covered units. Details such as coverage thresholds (by monthly rent and location) and notice periods can change by issuance. But the core eviction grounds have been stable for years. For covered residential units, eviction is permitted mainly for:

Sublease or assignment without the lessor’s written consent;
Non-payment of rent and other reasonable charges (historically, substantial arrears are required; check the current rules);
Owner’s legitimate need for personal use as a dwelling by the owner or an immediate family member in good faith, normally with advance written notice (commonly three months); after repossession, the owner is barred from leasing to a third party for a period (commonly one year);
Necessary repairs as required by housing/building authorities that cannot be done with the tenant in place;
Demolition/condemnation because the building is unsafe;
Use of the unit for illegal/immoral purposes or serious violations of lease conditions.

What heirs should do in rent-controlled cases:

Verify if the unit is covered (based on monthly rent and unit type).

Align the ground and notices with the current issuance (periodic extensions may tweak caps and notice wording).

Observe advance notice for owner’s use and the post-repossession bar against re-renting to third parties within the required period.

6) Agricultural “tenants” are different (agrarian cases)

The word “tenant” can mean an agrarian tenant under agrarian laws (now generally called “farmer-beneficiary” or “agricultural lessee”). Do not file a Rule 70 ejectment in the MTC if the relationship is agrarian; jurisdiction lies with the DAR and specialized tribunals, and ejectment is heavily restricted. This article focuses on urban/residential/commercial leases.

7) Demand letters: content and timing

A written demand is the single most important pre-filing step in unlawful detainer:

Form: Identify the property; state the ground (e.g., non-payment since [dates], lease expiry on [date], breach of clause X); demand either (i) payment/ compliance within a defined period and (ii) vacate on or before a date.
Delivery: Send by registered mail with return card, reputable courier with delivery receipt, and/or personal service with a signed acknowledgment. Keep proofs of service.
Counting the 1-year period: Start from the latest unequivocal demand to vacate (not from lease expiry, not from first missed rent). If you issue multiple demands, the newest clear demand typically controls.

Barangay conciliation (Katarungang Pambarangay). If the parties are individuals and reside in the same city/municipality, prior conciliation at the barangay is usually a condition precedent unless an exception applies (e.g., the defendant is a corporation; parties live in different cities/municipalities; urgent legal remedies). Bring the Certification to File Action to court.

8) Evidence heirs should prepare

Proof of succession/authority: Death certificate; Extrajudicial Settlement (Rule 74) or Letters of Administration/Will & Probate Decree; SPA if one heir sues for all.
Ownership/possession: Transfer Certificate of Title/Condominium Certificate (or tax declaration if untitled land); prior lease contracts; receipts; IDs; photographs; neighbor affidavits.
Lease & breaches: Written lease and amendments; house rules; rent ledgers; bank proofs of deposits; return mail receipts; violation notices.
Demands & conciliation: Demand letters; proof of service; barangay minutes; Certification to File Action.
Damages: Computation of back rentals/mesada; repair estimates; utility arrears if chargeable under the lease.

9) Filing, trial, and execution—what to expect

Complaint in the MTC where the property is located; attach key documents.
Summary Procedure applies (no motion to dismiss on most grounds; affidavits in lieu of direct testimony).
Provisional title issues may be tackled only to determine possession.
Judgment may award possession, back rentals / reasonable compensation for use, attorney’s fees, and costs.
Immediate execution unless the defendant (a) files a supersedeas bond (to cover judgment and costs), and (b) periodically deposits rentals as they fall due during appeal.
Writ of demolition may issue after a writ of execution if structures must be removed; sheriffs coordinate with local authorities.

10) Common defenses (and how heirs can counter them)

I’m not just a tenant; I own it. Ejectment courts can examine ownership only provisionally. If the heir’s title is facially stronger (e.g., TCT in the decedent’s/estate’s name), possession usually follows. A separate title case may be filed in higher courts if needed.
There’s no landlord-tenant relationship. For unlawful detainer, show initial lawful possession (lease, tolerance, rent receipts). If possession was unlawful from the start, consider forcible entry instead.
Lease renewed by acceptance of rent. That is tacita reconducción. Serve a clear notice terminating the month-to-month lease and count one year from that notice to sue.
No prior barangay conciliation. Avoid dismissal by complying where required or showing an exception.
Rent-control protections apply. Heirs must match the ground and notices to current rent-control issuances for covered units.

11) Special scenarios heirs often face

Sale of the property by/from the estate. Sale does not automatically terminate a subsisting lease; as a rule the buyer steps into the lessor’s place (Civil Code principles on leases and successors). Ejectment then follows the same grounds (expiry, breach, etc.), unless the lease or law provides otherwise.
Death of the lessee. The lease typically continues and may be honored by the lessee’s heirs, subject to the same grounds for termination and ejectment.
Improvements built by the tenant. Under Art. 1678, for useful improvements made in good faith, the lessor may (i) keep them by paying up to one-half of their value, or (ii) require the tenant to remove them if this can be done without damage; courts can supervise removal at execution.

12) Practical checklists

A. Quick ground-matching guide

Lease ended → Art. 1673(1) + demand to vacate.
Unpaid rent → Art. 1673(2) + demand to pay & vacate (observe rent-control thresholds if applicable).
Breach (house rules, illegal use, damage) → Art. 1673(3) + incident documentation.
Unauthorized sublease/assignment → Art. 1673(4) + proof (ads, contracts, extra occupants).
Owner’s personal use (residential) → Check rent-control advance notice and good-faith requirements.

B. Filing timeline (typical)

Serve written demand (and rent-control notices if applicable).
Barangay conciliation (if required).
File in MTC within 1 year from last demand (unlawful detainer) or from entry/discovery (forcible entry).
Prepare for summary procedure and immediate execution rules.

13) Model demand letter (fill-in template)

Re: Demand to Pay and Vacate — [Property Address / Unit No.] Date: [____]

Dear [Tenant’s Name],

We, the heirs of [Decedent’s Name], are the successors-in-interest to the property at [address]. Your possession began under a lease/tolerance which has [expired on ___ / been violated as follows: ___ / accrued unpaid rentals amounting to ___ for the period ___].

Pursuant to the Civil Code and the lease, you are hereby demanded to (a) pay the total unpaid rentals and other charges of ₱[amount] within [x] days, and (b) vacate and peacefully surrender the premises on or before [date]. If you fail to comply, we will file an unlawful detainer case without further notice and seek damages, attorney’s fees, and costs.

This letter is served [by personal delivery / registered mail tracking no. ___ / courier]. Sincerely, [Names of heirs / attorney-in-fact] [Contact details] Encl.: Proofs of heirship/authority; Statement of account; Lease copy

14) Red flags and tips

Don’t let time slip. In unlawful detainer, the one-year prescriptive period is strict but resets with a new, clear demand. Don’t wait long after your final demand.
Be precise in demands. Ambiguous letters (“please settle soon”) may not start the 1-year clock; say vacate by [date] if you intend to repossess.
Mind rent-control coverage. For covered residential units, follow the specific grounds and notice periods; non-compliance can sink an otherwise strong case.
Consolidate heir authority. If one heir signs, attach SPA or cite Art. 487 (co-owner may sue) and show evidence of heirship.
Document delivery. Keep receipts, photos, and affidavits of delivery; they win cases.
Conciliation first. If required, barangay step is not optional.
Separate possession from ownership battles. Use ejectment for speedy possession; file a separate civil action if you must permanently resolve title/co-ownership disputes.

15) Quick legal anchors (for orientation)

Civil Code: Arts. 1311 (heirs bound), 487 (co-owner may sue in ejectment), 1670 (implied renewal), 1673 (grounds for ejectment), 1678 (useful improvements), 1687 (period when term not fixed).
Rules of Court, Rule 70: Forcible Entry & Unlawful Detainer; summary procedure, immediate execution, supersedeas bond and rent deposits on appeal.
Rent-Control regime: Grounds and notice rules for covered residential units (verify current coverage thresholds and notice lead times before acting).

Bottom line

Heirs can eject tenants using the same Civil Code grounds available to the original lessor, with Rule 70 providing a fast track to recover possession. For rent-controlled residential units, heirs must also satisfy special grounds and notice rules. Get the demand letter right, preserve proofs, file within one year from the last clear demand, and prepare for summary litigation—with immediate execution rules in mind.