This article explains lawful bases and procedures for ejectment (eviction) even when the tenant is up-to-date on rent. It synthesizes the Civil Code, the Rent Control framework, and procedural rules used by Philippine courts. Laws and local ordinances change, so verify the latest text or consult counsel before acting.

1) The Legal Foundations

Civil Code (Arts. 1642–1688): Governs leases in general. Article 1673 is the classic provision on judicial ejectment.
Rules of Court, Rule 70 (“Forcible Entry and Unlawful Detainer”): Summary action to recover physical possession of property.
Rent Control (e.g., the Rent Control Act and periodic extension measures/IRRs): Temporarily limits rent increases and narrows or conditions some grounds for ejectment in covered residential units.
Local ordinances & building/condemnation regulations: May trigger lawful repossession (e.g., demolition orders, safety closures).
Barangay Justice System (Katarungang Pambarangay): Pre-litigation conciliation is usually required if the parties reside in the same city/municipality and within the same or adjoining barangays (with standard exceptions).

2) Core Grounds for Eviction Even When Rent Is Current

Below are recognized bases under the Civil Code and typical rent-control frameworks. Exact phrasing and notice periods can vary under current rent-control rules and IRRs, but the concepts remain stable.

A. Expiration of Term / End of Lease

If the written lease term ends (or a valid month-to-month lease is properly terminated with notice), the lessee’s right to possess ends—even if rent is fully paid.
A tenant who remains after termination may be sued for unlawful detainer.

B. Violation of Lease Conditions (Other Than Rent)

Material breach of any valid lease covenant—e.g., keeping pets when prohibited, exceeding occupant limits, breaching house rules, refusing reasonable access for inspections/repairs—can justify ejectment.
The breach must be substantial and typically requires prior written demand to comply or vacate.

C. Unauthorized Assignment or Sublease

If the lease forbids assignment/subleasing (or requires consent) and the tenant assigns/sublets without written approval, ejectment may lie despite timely rent.

D. Use for a Different Purpose, Illegal, or Nuisance Use

Using a residential unit for commercial/industrial purposes when prohibited; running illegal activities; or maintaining a nuisance (excessive noise, hazardous storage) can support eviction.

E. Owner’s Bona Fide Need to Repossess for Own Use or for Immediate Family

Rent-control rules traditionally allow ejectment if the owner (or specified first-degree relatives) in good faith needs the dwelling for personal residential use.
Typical safeguards:
- Advance written notice (often three months in practice under rent-control regimes).
- Good-faith requirement (no sham “own use”).
- No reletting to third parties for a stated period (commonly one year) after ejectment on this ground.

F. Necessary Major Repairs, Renovation, or Demolition Requiring Vacancy

If essential structural works (or government-ordered condemnation/demolition) require the unit to be vacated for safety, the lessor may recover possession to proceed.
Rent-control frameworks often require notice and may restrict reletting terms after the works.

G. Change of Use / Conversion or Governmental Acquisition

Lawful conversion of the property to a non-residential project, or government acquisition/use that requires vacancy, can justify repossession. Expect documentary proof (permits, plans, orders).

H. Sale to a Good-Faith Buyer for Own Use (in some rent-control periods)

Where covered, the bona fide purchaser’s need to occupy can be a ground, subject to notice and “no reletting” safeguards similar to owner’s use.

Key point: Under rent-control regimes, the policy is to limit ejectment grounds to protect tenants, but expiration of lease, breach of terms, owner’s bona fide need, and major repairs/demolition consistently appear as permissible causes even when rent is current.

3) What Do Not Qualify (When Rent Is Current)

Arbitrary eviction without a legal ground.
Retaliatory eviction (e.g., because the tenant reported code violations).
Self-help measures (changing locks, cutting utilities, removing doors/windows) are unlawful and can expose the lessor to damages and even criminal liability.

4) Notice & Paper Trail: Getting It Right

Review the lease
- Identify the term, renewal/termination clause, grounds for forfeiture, inspection rights, and house rules.
Check coverage under current rent-control rules
- Determine if the unit falls within the latest rent caps and ejectment limitations (often based on monthly rent ceilings and dates). Some formalities (e.g., 3-month notice; no reletting within one year after owner’s-use ejectment) frequently apply to covered units.
Serve a proper written notice
- Expiration/termination: Notice that the lease will end on a date certain (or that a periodic lease ends after one full period) and that possession must be surrendered.
- Breach: Demand to comply within a reasonable period (if curable) or Notice to Vacate for incurable breaches; specify the violated clause(s) and facts.
- Owner’s use/Repairs/Demolition: State the bona fide ground, date to vacate, and attach or cite supporting documents (IDs showing relationship, building permits, engineer’s report, demolition/condemnation order, deed of sale, etc.).
Barangay conciliation (when applicable)
- If parties fall within the same barangay jurisdictional rules, file for conciliation first. A Certificate to File Action is generally needed before going to court (unless an exception applies, e.g., parties live in different cities/municipalities).
Keep proof
- Use registered mail with return card, personal service with acknowledgment, or courier logs. Keep copies of the lease, receipts, photos, inspection logs, and correspondence.

5) Filing the Case: Unlawful Detainer under Rule 70

Where: First-level courts (MeTC/MTC/MCTC) where the property is located.
When: Within one (1) year from the last demand to vacate or from the date of illegal withholding of possession (for detainer).
What to file:
- Complaint alleging jurisdictional facts, the specific ground (e.g., expiry, breach, owner’s use), compliance with notice/conciliation, and a prayer for restitution of premises, unpaid charges (if any), damages/attorney’s fees, and costs.
- Evidence: Lease agreement, notices and proof of service, photos, permits/orders, IDs establishing family relation, inspection logs, etc.
Proceedings: Governed by the Rules on Summary Procedure—no motions that cause delay; judgment may issue faster than ordinary civil actions.
Execution: If judgment becomes final, the court issues a writ of execution restoring possession to the lessor. Courts may grant reasonable periods to vacate in equity, but these are discretionary.

6) Practical Checklists

A. Owner’s Personal Use (Good Faith)

□ Unit is covered or not by rent control? (Affects notice formality and “no-reletting” period.)
□ Relationship to occupy: Owner or immediate family (typically up to first degree)
□ Three-month advance written notice (commonly required in rent-control coverage)
□ No reletting to others for ~1 year after repossession (typical safeguard)
□ Proof of good faith: current residence constraints, family size, IDs, plans, utility transfers

B. Major Repairs / Demolition

□ Engineer’s assessment or building official’s order
□ Approved permits and timetable
□ Notice explaining why vacancy is necessary and target dates
□ Compliance with any reletting/re-offer obligations after completion (if applicable)

C. Expiration / Termination of Periodic Lease

□ Identify lease end date or period (month-to-month = one full month notice unless contract provides otherwise)
□ Timely Notice of Non-Renewal/Termination
□ Proof of delivery of notice

D. Breach of Lease

□ Cite specific clause and facts showing breach
□ Give a cure period if curable; otherwise set a vacate date
□ Preserve photos/reports/witnesses; request access if inspection is warranted

7) Common Tenant Defenses (and How Landlords Address Them)

Defective or Insufficient Notice → Use clear, dated notices; observe rent-control formalities and barangay conciliation rules.
Waiver/Estoppel (landlord tolerated the breach or over-held occupancy) → Avoid inconsistent conduct; send timely notices; document any temporary leniency as without prejudice.
Bad Faith on “Owner’s Use” → Show genuine plan to occupy: school/work transfers, family growth, proof of vacancy after repossession (no quick reletting).
No Jurisdiction / Wrong Remedy → File unlawful detainer (continued possession after lawful occupation) rather than forcible entry; ensure the one-year timing is met.

8) Damages and Money Claims You May Include

Reasonable compensation for use and occupation (often pegged to the contract rate),
Contractual penalties (if valid),
Liquidated damages (if reasonable and not penal in nature),
Attorney’s fees and costs (when warranted), and
Utility/association dues the tenant was obliged to shoulder.

9) Ethical & Practical Tips

Communicate early: Many cases settle with a structured move-out timeline.
Be consistent: Mixed signals (accepting fresh rent after notice of non-renewal) can muddy your case—if you accept, issue receipts “without prejudice” and reiterate your termination stance.
Avoid self-help: Coordinate with counsel and, if needed, a sheriff upon writ of execution.
Mind special protections: Senior citizens, persons with disability, or disaster-displaced households may have humanitarian accommodations under local measures.

10) Model Notice Language (Editable)

Notice of Non-Renewal / Demand to Vacate Date: ___ To: [Tenant Name & Address]

We write to inform you that the Lease dated ___ for the premises at ___ shall end on [date] pursuant to Clause ___. The lease will not be renewed. Kindly vacate and surrender peaceful possession on or before [date] and coordinate the move-out inspection.

Please be reminded that continued possession after the end date will constitute unlawful detainer under Rule 70. This notice is served without prejudice to our rights under the lease and applicable law.

Sincerely, [Lessor/Authorized Representative]

Notice to Vacate – Owner’s Personal Use (Good Faith) Date: ___ To: [Tenant]

Pursuant to applicable rent-control regulations and the Lease, we hereby notify you that we shall personally occupy the dwelling at ___ for our (or our [relation]) residential use, in good faith. Please vacate within [at least 3 months’ notice date]. We undertake not to lease the unit to third parties for one (1) year from repossession, consistent with the law.

Sincerely, [Lessor]

11) Bottom Line

Even when rent is perfectly current, lawful eviction remains available for: lease expiry/non-renewal, material breaches, unauthorized transfer/sublease, illegal/impermissible use or nuisance, owner’s bona fide need, and major repairs/demolition or government orders—subject to proper notice, procedural steps (often including barangay conciliation), and good-faith execution. Getting the paper trail and timing right is just as important as having a valid ground.

If you want, tell me the specifics of your lease and unit (e.g., rent amount, start/end dates, any special clauses, whether you’re under rent control), and I’ll map the exact notices and timeline you can use.