General information only. Laws and rules can change, and factual details matter a lot in ejectment cases. For any real case, consult a Philippine lawyer or PAO/IBP office.

I. Legal Framework

Eviction for nonpayment of rent in the Philippines is mainly governed by:

Civil Code of the Philippines (RA 386) – rules on lease and grounds for ejectment
Rule 70 of the Rules of Court – forcible entry and unlawful detainer (the “ejectment” cases)
Judiciary Reorganization Law (BP Blg. 129, as amended) – which courts handle ejectment
Rent control laws and related regulations – special protections for residential tenants within covered rent brackets and locations
Katarungang Pambarangay Law (in the Local Government Code) – mandatory barangay conciliation for certain disputes

The basic idea: A landlord cannot just lock out a tenant or throw belongings outside. Eviction is possible only through lawful process, usually via an unlawful detainer case in the proper court, after proper notice and demand.

II. When Can a Tenant Be Evicted for Nonpayment?

1. Contractual and legal ground

Under the Civil Code, a lessor (landlord) may eject a lessee (tenant) if the tenant fails to pay rent as agreed. Nonpayment is a classic ground for unlawful detainer under Rule 70.

Typical elements in a nonpayment/unlawful detainer case:

There was a lease – written or verbal.
The tenant was originally allowed to occupy the property.
The tenant failed to pay rent or other agreed charges.
The lessor demanded:
- that the tenant pay and/or
- that the tenant vacate the premises.
Despite demand, the tenant refused to pay or to vacate.
The case was filed in court within one year from the date of last demand.

If those are present, the action is usually unlawful detainer, not a general civil action for recovery of possession.

III. Prerequisites Before Filing a Case

1. Existence of a lease

A “lease” does not need to be in writing to exist, but:

A written lease makes proof easier.
Verbal leases are valid, but the landlord must be ready to prove:
- the agreed rent,
- when rent is due,
- that the tenant is indeed the occupant.

2. Nonpayment and computation of arrears

The landlord should:

Compute total unpaid rent and other charges (utilities, penalties, association dues if included, etc.).
Prepare a statement of account:
- Period covered (e.g., January–March 2025)
- Monthly rent
- Partial payments (if any)
- Balance due

This will be useful both for the demand letter and as evidence in court.

3. Compliance with rent control, if applicable

If the property is residential and within the price ranges and locations covered by rent control rules (which vary by law and year), there may be:

Limits on allowed rent increases
Requirements for notice of increases
Restrictions on grounds for eviction

Nonpayment of rent is still generally a valid ground under rent control, but the landlord must ensure:

That rent increases (if any) were lawful.
That the tenant’s “nonpayment” isn’t only refusal to pay an illegal increase.

4. Barangay conciliation (Katarungang Pambarangay)

Before filing in court, many landlord–tenant disputes must first undergo barangay conciliation if:

The parties are natural persons (individuals),
They reside in the same city/municipality, and
No exception applies (e.g., one party is a corporation, government is involved, etc.).

Key points:

A complaint is filed with the Punong Barangay where the property or parties are located.
The barangay will schedule mediation, then possibly a Lupong Tagapamayapa hearing.
If no settlement is reached, the barangay issues a Certification to File Action, which is required by the court.

If barangay conciliation is mandatory but skipped, the court case can be dismissed for lack of a condition precedent.

IV. The Demand: “Pay or Vacate”

1. Legal requirement of demand

For unlawful detainer, the law requires that:

The landlord must demand that the tenant
- pay the arrears or comply with the lease, and/or
- vacate the premises.

The demand can be oral in theory, but written demand is strongly preferred and normally expected in practice as evidence.

2. Contents of the demand letter

A solid demand letter usually includes:

Names and addresses of landlord and tenant
Description of the property (unit number, building, address)
Statement that there is a lease (mention date of contract if written)
Details of nonpayment:
- Monthly rent
- Months unpaid
- Total arrears
A clear demand:
- To pay the arrears within a stated period; and
- To vacate if the tenant fails to pay within that period.
A warning that legal action will be taken if the tenant does not comply.
Signature of the landlord or authorized representative (e.g., property manager with SPA).

3. Reasonable period to comply

The law does not fix one uniform number of days, but:

A reasonable period is usually given (e.g., 5–15 days) for the tenant to pay or vacate.
That period should be clearly stated (e.g., “within fifteen [15] days from receipt of this letter”).

4. Proof of receipt

To avoid disputes, the landlord should preserve proof that the tenant received the letter:

Personal service with tenant signing “Received” and date
Registered mail with return card
Courier with delivery receipt

The date of receipt matters because:

It starts the one-year period for filing unlawful detainer.
It helps prove that the tenant stayed on despite demand.

V. Where and How to File the Case

1. Proper court

Ejectment cases (forcible entry and unlawful detainer) are filed in:

The appropriate Municipal Trial Court (MTC), Metropolitan Trial Court (MeTC), or equivalent first-level court,
Where the property is located.

First-level courts have exclusive original jurisdiction over ejectment cases, regardless of the value of the property.

2. Prescriptive period

For unlawful detainer:

The case must be filed within one (1) year from the last demand (often from the date the tenant received the demand to vacate/pay).
If more than one year has passed, the case may no longer qualify as unlawful detainer and might have to be brought as a different action (e.g., accion publiciana) in the Regional Trial Court, which is more complex and slower.

3. Parties

Plaintiff – the owner/lessor or lawful possessor (e.g., sub-lessor, administrator)
Defendant – the tenant and, in many cases, all persons claiming rights under the tenant (family members or subtenants).

4. Complaint and attachments

The verified complaint should:

State the facts constituting unlawful detainer (lease, nonpayment, demand, refusal to vacate),
Pray for:
- Restoration of possession of the property,
- Payment of unpaid rentals,
- Reasonable compensation for use and occupation (often same as rent),
- Attorney’s fees and costs, if appropriate.

Usual attachments:

Lease contract (if any),
Demand letter(s) and proof of service,
Statement of account/rent computation,
Barangay Certification to File Action (if required),
SPA or corporate secretary’s certificate if filed through a representative or corporation.

VI. What Happens in Court: Step-by-Step

1. Filing and payment of fees

The landlord (or lawyer) files the complaint with the clerk of court and pays:

Docket fees based on the total monetary claim (rent arrears, damages),
Other legal fees and surcharges.

2. Issuance and service of summons

The court issues summons, directing the tenant to answer.

Summons is served personally, by substituted service, or by other modes allowed by the Rules of Court.
Proper service of summons is essential; otherwise, the judgment can be void.

3. Tenant’s Answer

The tenant usually has a relatively short period (counted from receipt of summons) to file an Answer stating defenses, such as:

Alleged payment or partial payment
Alleged invalid demand
Lack of jurisdiction or lack of barangay conciliation (if applicable)
Defects in the complaint
Claims of overcharging or illegal conditions

Counterclaims (e.g., for damages, return of deposits) can also be raised within the allowed scope of small claims/ejectment rules.

4. Preliminary conference / mediation

The court calls a preliminary conference:

To explore amicable settlement,
To simplify issues,
To mark exhibits,
To consider stipulations of facts.

Some courts may also refer the case to mediation or Judicial Dispute Resolution (JDR), depending on local practice.

A settlement can result in:

A compromise agreement (e.g., tenant pays arrears in installments or vacates on a certain date) which the court can approve and make a judgment upon compromise.

5. Trial

If no settlement is reached:

The court may conduct summary procedure (for ejectment cases), limiting pleadings and motions.
Evidence is presented:
- Landlord: lease, demand letters, proof of arrears, barangay certificate, etc.
- Tenant: receipts, bank deposits, proof of illegal conditions, etc.

Because ejectment cases are under summary procedure, certain pleadings (like motions to dismiss on many grounds) are restricted or disallowed.

6. Judgment

The court will decide:

Who has the better right to physical possession (not yet ownership, except incidentally).
How much unpaid rent and damages must be paid.
When the tenant must vacate.

Courts are supposed to decide ejectment cases relatively quickly, though delays can occur in practice.

VII. Appeal and Execution of Judgment

1. Appeal to the Regional Trial Court (RTC)

If a party is unhappy, they can typically appeal to the RTC within a short period from receipt of the decision (generally 15 days, subject to current rules). The RTC reviews legal and factual issues on the record.

2. Immediate execution and supersedeas bond

Special rule in ejectment:

Judgments in unlawful detainer are generally immediately executory.
To stay execution while appealing, the tenant must:
1. Perfect the appeal on time;
2. File a supersedeas bond covering rents, damages, and costs adjudged in the MTC/MeTC decision; and
3. Deposit the accruing rentals periodically (often monthly) with the appellate court while the case is pending.

If the tenant fails to comply, the court may order execution pending appeal, and the sheriff can proceed to enforce the judgment even while the RTC appeal is ongoing.

3. Writ of execution and sheriff’s action

If:

No appeal is made; or
The appeal fails and judgment becomes final; or
Execution pending appeal is granted and conditions for stay are not met—

The court issues a writ of execution:

The sheriff goes to the property, demands that the tenant vacate, and, if necessary, physically removes occupants and turns over possession to the landlord.
The sheriff can also:
- Levy and sell property of the tenant (subject to rules) to satisfy money judgment for rents and damages, if still unpaid.

For demolition of structures (e.g., if tenant built improvements without right), special demolition orders and additional requirements apply.

VIII. Rights and Defenses of Tenants

Even if in arrears, tenants have legal rights.

Common defenses:

Payment or substantial compliance
- Tenant can present official receipts, bank deposit slips, or acknowledgments.
- If landlord frequently accepts late payments, tenant may argue waiver of strict due dates, though this depends on specific facts.
Invalid or insufficient demand
- No clear demand to vacate or pay;
- Demand letter not received or wrongly addressed;
- Unreasonable or confusing terms.
No barangay conciliation (if required)
- If parties live in same city/municipality and none of the exceptions apply, lack of prior barangay proceedings can be a ground to dismiss for failure of a condition precedent.
Illegal rent increase / violation of rent control
- Tenant may claim that “nonpayment” is actually refusal to pay an unlawful rent increase, and that he/she was willing to pay the original lawful rent.
Wrong party or lack of standing
- The plaintiff is not owner/lessor or doesn’t have legal authority to sue (no SPA, etc.).
Prescription issues
- If the action was filed more than one year from last demand, tenant can challenge it as improper unlawful detainer.
Offset / security deposit issues
- Tenant may argue that the landlord should apply security deposits or advance rentals to the arrears, depending on contract terms and jurisprudence.

However, a tenant should not simply stay indefinitely without paying anything; even if there are disputes, it is safer to:

Continue paying, ideally by depositing to court if the landlord refuses payment, or
Seek legal advice and proper documentation of payments.

IX. Landlord “Don’ts”: What Landlords Must Avoid

To stay within the law, landlords must not:

Change locks or forcibly evict without court order
- This can lead to criminal liability (e.g., grave coercion, malicious mischief) and civil liability.
Remove doors, windows, or roofing to force tenants out
Cut off water, electricity, or essential services
- If the landlord’s name is on the accounts and he/she cuts utilities to harass the tenant, this can constitute harassment and even violate certain regulations/criminal laws.
Confiscate tenant’s belongings without proper legal process
- Self-help “distraint” or seizure can be unlawful.
Physically harass or threaten tenants
- This can lead to criminal charges.

The safest path is always formal demand → barangay conciliation (if required) → court case → sheriff’s enforcement.

X. Special Situations and Considerations

1. Informal settlers vs. tenants

Not everyone in possession is a “tenant.” For informal settlers or occupants without a lease:

The applicable law may be the Urban Development and Housing Act (UDHA) and related implementing rules.
Eviction/demolition usually requires compliance with strict procedures involving local governments, socialized housing, and notices.

This is different from standard landlord–tenant nonpayment cases.

2. Corporate landlords and property managers

If the property is owned by a corporation or handled by a property management company:

The person signing the complaint and demand letters must have proper authority (board resolution, secretary’s certificate, or special power of attorney).
Lack of authority can be questioned by the tenant.

3. Overseas or absentee landlords

A landlord living abroad may:

Execute an SPA appointing a local representative to:
- Collect rent,
- Issue demand letters,
- File and pursue cases.

Courts will look for proof of authority in ejectment cases filed by representatives.

4. Security deposits and advance rentals

Many lease contracts require:

Security deposit – often to cover unpaid utilities, damage to the unit, and sometimes unpaid rent;
Advance rent – usually applied to the first or last month(s) of lease.

Key issues:

Contracts often specify how and when deposits are applied and when any balance should be refunded.
Disputes on deposits can be raised in the ejectment case or in a separate action, depending on circumstances.

XI. Practical Checklist

For Landlords

Review lease contract
- Terms on due dates, deposits, penalties, grounds for termination.
Compute arrears
- Clear breakdown of unpaid rent and charges.
Check rent control applicability
- Ensure any increase or condition is lawful.
Prepare and serve written demand
- Clear “pay or vacate” demand; preserve proof of receipt.
Barangay conciliation
- File at proper barangay and obtain certificate, if required.
Consult a lawyer
- Draft complaint, compute recoverable amounts, and assess defenses.
File unlawful detainer
- Within one year from last demand, in the court where the property is located.
Attend hearings / mediation
- Be open to settlement; otherwise, present evidence properly.
Follow through to execution
- After favorable judgment and exhaustion or failure of appeal.

For Tenants

Keep receipts and proof of payment
Respond promptly to demand letters and barangay notices
Attend barangay and court hearings and raise valid defenses
Avoid accumulating large arrears; negotiate payment terms early
Seek legal assistance if unsure of your rights

XII. Key Takeaways

Eviction for nonpayment is legal, but only via proper process.
The core path is: lease → nonpayment → written demand → (barangay conciliation if required) → unlawful detainer case in MTC/MeTC → court judgment → sheriff’s execution.
Both landlords and tenants have rights and obligations, and mistakes in notice, barangay proceedings, or timelines can make or break a case.
Because ejectment rules are technical and laws (especially rent control) can change, it is wise for anyone involved in an actual dispute to consult a Philippine lawyer or seek help from PAO or IBP chapters.