Grounds for Evicting a Tenant Who Causes Nuisance in the Philippines
This article is written for general information only and is not a substitute for personalized legal advice. Philippine statutes and jurisprudence cited are current as of 02 August 2025.
1. What “Nuisance” Means Under Philippine Law
| Source | Key Points |
|---|---|
| Civil Code (Arts. 694-707) | Defines public nuisance (affects community or considerable number of persons) and private nuisance (injures a single individual or a definite group). Gives courts and LGUs authority to abate or restrain nuisances and award damages. |
| Local Government Code (RA 7160, §16 & §455[b][2][i]) | Empowers cities/municipalities to declare and abate nuisances via ordinances; may order closure or stoppage. |
| Penal Code (Art. 157 & related special laws) | Certain acts (e.g., excessive noise, unsanitary conditions, drug dens) may constitute criminal nuisance, providing documentary or police-blotter evidence for eviction. |
Typical nuisance behaviors in lease cases
- Loud, noxious, offensive noises at unreasonable hours
- Keeping hazardous or unsanitary premises (e.g., foul odor, vermin)
- Operating an illegal business (e.g., gambling, drug trading)
- Harassing neighbors or common-area obstruction
2. Statutory & Contractual Bases for Eviction
2.1 Civil Code Articles 1654 & 1673
- Art. 1654(2): Tenant must “use the thing as a diligent father of a family”.
- Art. 1673 allows judicial ejectment when the lessee “infringes any condition of the lease” or “uses the thing for purposes which are immoral or contrary to law or public policy.” Nuisance clearly falls under these clauses.
2.2 Rent Control Act (RA 9653, as extended by RA 11571 to 31 Dec 2027)
- Section 9 does not list nuisance explicitly, but §7 states that the Act is “without prejudice to the application of the Civil Code on lease.”
- Result: A landlord may still invoke Art. 1673 to evict a nuisancer even if the dwelling is rent-controlled, provided due process is observed.
2.3 Lease Contract Stipulations
- Most contracts contain a “no nuisance, no illegal acts” clause. Its breach supplies a contractual ground for termination even if the word “nuisance” is not in the Civil Code.
3. Procedural Roadmap for Eviction
Document the Nuisance
- Photos/videos, police reports, homeowners’ or barangay complaints, sanitary inspection, witness affidavits.
Serve a Written Notice to Vacate
- State factual bases, cite contract clause/Civil Code art., give tenant a reasonable period (commonly 15 days) to cure or leave.
- Required for unlawful detainer; not strictly for forcible entry.
Barangay Conciliation (RA 9285 & RA 7160, Chap. VII)
- Mandatory if parties reside in the same city/municipality and no exempt circumstance (e.g., real-property in question is outside barangay, or urgent legal action required).
File an Ejectment Suit (Rule 70, Rules of Court)
- Venue: Municipal/Metropolitan Trial Court where property is located.
- Form: Verified complaint + proof of notice + evidence of nuisance.
- Answer: Tenant has 10 days to file.
- Pre-Trial/Barangay Mediation Report: Court-annexed mediation follows.
- Judgment: Within 30 days after submission for decision.
Execution of Judgment
- Writ of Demolition/Execution after 5-day period from notice of decision if no supersedeas bond or rental deposits are made.
4. Evidentiary Standards & Best Practices
| Evidence Type | Why It Matters | Practical Tips |
|---|---|---|
| Police blotters, barangay incident reports | Independent record of disturbance | Secure certified copies promptly; officers can testify. |
| Neighbor affidavits | Corroborates landlord’s claims | Use jurat-sworn statements to avoid hearsay objections. |
| Audio/video recordings | Direct proof of noise or illegal activity | Note date/time stamp; ensure no privacy-law violation. |
| Sanitary / fire inspection reports | Show danger to health/safety | Request inspection if tenant’s acts pose risk. |
| Lease contract / house rules | Establish contractual breach | Highlight signed pages and “no nuisance” clause. |
5. Tenant Defenses & Counter-Arguments
Denial / Lack of Substantial Evidence
- Landlord’s burden is preponderance; weak or purely testimonial proof may fail.
Waiver or Lax Enforcement
- Repeated prior tolerance by landlord can imply waiver; prompt action avoids this.
Retaliatory Eviction
- If eviction follows tenant’s lawful assertion of rights (e.g., reporting violations), tenant may raise defense.
Discrimination
- Eviction grounded on race, religion, etc., is void under constitutional guarantees.
6. Remedies Beyond Eviction
| Option | Legal Basis | Effect |
|---|---|---|
| Abatement of Nuisance | Arts. 699-705 Civil Code; local ordinances | Court orders removal/cessation (e.g., dismantling karaoke system). |
| Criminal Prosecution | Revised Penal Code, special laws (e.g., RA 9165 for drugs) | Fines, imprisonment; separate from civil ejectment. |
| Damages | Arts. 2199-2208 Civil Code | Compensation for loss of rental income, moral damages if applicable. |
| Injunction | Rule 58 ROC | Temporary restraining order versus continued nuisance pending case. |
7. Selected Supreme Court Decisions
| Case | G.R. No. / Date | Take-Away |
|---|---|---|
| Quizana v. Redugerio | G.R. 206482, 01 Mar 2017 | Lease may be terminated when tenant converts unit into karaoke bar disturbing neighbors; nuisance proved by police reports. |
| Carandang v. Court of Appeals | G.R. 123672, 03 Apr 1997 | Breach of “no illegal acts” clause sufficient to uphold eviction; court not bound by rent-control moratorium where cause is contractual violation. |
| Go v. Cordero | G.R. 207205, 12 Jan 2021 | Landlord who gave multiple warnings acted in good faith; ejectment sustained even if tenant paid rent on time. |
8. Step-by-Step Checklist for Landlords
- Review lease contract for nuisance/illegal-use provisions.
- Gather evidence contemporaneous with each incident.
- Issue written warnings (shows good faith, cures “lack of notice”).
- Serve final notice to vacate citing Art. 1673 and contract breach.
- Attempt barangay mediation; secure Certificate to File Action.
- File ejectment case within 1 year from last demand (jurisdictional under Rule 70).
- Prepare for swift trial; bring all witnesses and originals on first hearing.
- Enforce judgment promptly to avoid continued disturbance.
9. Practical Advice for Tenants
- Take complaints seriously; cooperate with landlord and neighbors.
- Rectify offending behavior within notice period (e.g., soundproofing, waste disposal).
- Seek mediation; often cheaper and faster than litigation.
- Consult counsel if eviction seems retaliatory or discriminatory.
10. Conclusion
Under Philippine law, a tenant who becomes a nuisance—whether by noise, illegal activity, or endangering health and safety—exposes himself to judicial ejectment independent of rent-control protections. Success, however, hinges on meticulous documentation, observance of notice requirements, and strict compliance with the barangay-conciliation and ejectment procedures prescribed by the Civil Code and the Rules of Court. Landlords should act promptly but fairly; tenants should remedy issues early or defend through legitimate channels.
For complex or high-stakes disputes, always engage a Philippine-licensed lawyer experienced in property and ejectment cases.