Legal Steps to Evict a Tenant Refusing to Vacate in the Philippines

This article explains, end-to-end, how residential (and small commercial) landlords in the Philippines can lawfully recover possession from a tenant who refuses to leave. It covers the legal bases, pre-litigation requirements, what to file, timelines, evidence, execution, and practical tips—plus common pitfalls that cause cases to be dismissed or delayed. It’s general information, not a substitute for advice from your own counsel.

1) The Legal Foundations (What the law actually relies on)

Civil Code of the Philippines
- Art. 1654–1670 (obligations of lessor/lessee, default, sublease/assignment).
- Art. 1673 (judicial ejectment: expiration of term, nonpayment of rent, violation of lease conditions, and unauthorized sublease/assignment).
- Tacita reconducción (implied new lease): when the tenant stays after the term and the lessor tacitly consents, the lease is impliedly renewed—typically month-to-month if rent is paid monthly—until properly terminated.
Rule 70 of the Rules of Court (Ejectment) Governs Forcible Entry and Unlawful Detainer—summary proceedings to recover physical possession (possession de facto) regardless of title.
- Forcible entry: defendant got in by “force, intimidation, threat, strategy, or stealth.”
- Unlawful detainer: lawful possession at the start (e.g., lease), later illegally withholds possession (e.g., after lease expiry or violation).
Revised Rules on Summary Procedure Applies to ejectment: streamlined pleadings, strict form, limited motions, affidavits in lieu of direct testimony.
Katarungang Pambarangay Law (Local Government Code, R.A. 7160) Barangay conciliation is a condition precedent when the parties are natural persons residing in the same city/municipality (with specific exceptions noted below). You need a Certificate to File Action (CFA) if no settlement is reached.
Rent Control (R.A. 9653 and subsequent extensions) Some residential units fall under rent control (caps on increases and special eviction rules). Coverage thresholds and extensions change periodically. If your unit is covered, additional requirements (e.g., specific notice for owner’s use, limits on advance rent and deposits) may apply. Always verify current coverage and rules.
BP 129 (Judiciary Reorganization) Municipal/Metropolitan Trial Courts (MTC/MeTC/MTCC/MCTC) have exclusive original jurisdiction over ejectment cases regardless of damages.
UDHA (R.A. 7279) Protects underprivileged and homeless informal settlers in certain evictions/demolitions. Ordinary landlord-tenant disputes with a true lease are generally handled via ejectment and not under UDHA relocation mechanisms.

2) Recognize the Correct Cause of Action

Forcible Entry
- Entry was illegal from the start (force, intimidation, threat, strategy, or stealth).
- 1-year prescriptive period counted from the date of illegal entry (or from discovery, in stealth cases).
Unlawful Detainer (most common for holdovers)
- Entry was lawful (e.g., valid lease or tolerance), but possession became illegal after lease expiry/termination or after violating conditions (e.g., nonpayment).
- 1-year prescriptive period counted from last demand to vacate or from cessation of tolerance.

If more than 1 year has passed, you generally move to accion publiciana (recovery of the right to possess) with the RTC, not Rule 70. If ownership is the main issue, accion reivindicatoria (recovery of ownership) may be appropriate.

3) Lawful Grounds to Evict

Typical statutory and contractual grounds include:

Expiration of fixed term or valid termination of a month-to-month tenancy.
Nonpayment or habitual delay in payment of rent or other amounts due (utilities, association dues when obligated under the lease).
Material breach of lease conditions (e.g., pets/structural changes when prohibited, illegal use, nuisance).
Unauthorized sublease or assignment.
Owner’s bona fide need for personal use (for rent-controlled units, special notice rules typically apply and re-rental restrictions may kick in).
Necessity of major repairs requiring vacancy (often with prior notice and a genuine plan to repair).
Sale with possession to the buyer (subject to contractual and rent-control notices).

Important: If your unit is rent-controlled, there may be extra prerequisites for some grounds (like owner’s use) and limits on deposits and advance rent. Confirm current thresholds and rules.

4) What You Cannot Do (No “self-help”)

Landlords may not:

Lock out the tenant, remove doors/windows, or shut off water/electricity.
Seize the tenant’s belongings without a court writ.
Use threats or violence.

These can expose you to criminal and civil liability and jeopardize your ejectment case.

5) Pre-Litigation Checklist (Do this before you file)

Review the lease (or document the verbal lease): term, rent, due dates, breach clauses, notice requirements, renewal/termination provisions, sublease rules, and penalties.
Assemble evidence:
- Lease contract (or messages confirming terms), receipts or ledger of rent, photos, inspection notes, violation notices, IDs, title/tax declaration (to show a better right to possess), and any admissions.
- Keep proof of service for all notices (registered mail with registry receipt and returned card, courier with proof of delivery, or personal service with a signed acknowledgment).
Serve a written demand:
- A Demand to Pay and/or Vacate that states the breach, amounts due, and a clear deadline (e.g., 10 days) to comply.
- For expiry/holdover, send a Notice to Vacate stating termination and a reasonable move-out date.
- If rent control applies, tailor the demand to any special statutory notices (e.g., owner’s use).
Barangay conciliation (if required):
- If both parties are natural persons living in the same city/municipality, file a Barangay complaint where either party resides or where the property is located (specific venue rules apply).
- Attend mediation/conciliation. If there’s no settlement, obtain a Certificate to File Action (CFA).
- Not required when a party is a juridical person (e.g., corporation), the parties live in different cities/municipalities, or an exception applies (e.g., urgent injunctive relief, parties not personally appearing, etc.). When barangay conciliation is required but skipped, courts dismiss the case.

6) Filing the Case

What to file: An Unlawful Detainer (or Forcible Entry) complaint under Rule 70 in the MTC/MeTC where the property is located.

Time limits:

File within 1 year from last demand (unlawful detainer) or from entry (forcible entry, or discovery of stealth).

Contents and attachments:

Verified Complaint alleging jurisdictional facts (nature of case, property location, when/how possession turned illegal), cause of action, and relief sought (possession, unpaid rents, reasonable compensation for use/occupation, damages, attorney’s fees, costs).
Annexes: Lease/communications; Demand Letter(s) with proof of service; Barangay CFA (when required); proof of amounts due; title/tax declaration (to show a better right to possess, not to litigate ownership).
Certification Against Forum Shopping.
Filing/Docket fees (based on claims for rent/damages).

Lawyer/representation: You may appear pro se (self-represented), but the Rules on Summary Procedure are technical. Many landlords retain counsel, especially when claims include substantial arrears/damages.

7) What Happens in Court (Summary Procedure, in practice)

Summons is served on the defendant (tenant).
Answer due (no motion to dismiss except on narrow grounds; many pleadings are prohibited).
Preliminary conference (similar to pre-trial): settlement/clarification of issues, marking of exhibits.
Position papers and affidavits (in lieu of direct testimony).
Judgment based on the submissions (no full-blown trial unless the court deems it necessary).

Provisional relief:

Preliminary mandatory injunction may issue (especially in forcible entry) to restore possession if allegations and affidavits warrant strong, immediate relief.

Appeal:

To the RTC (notice of appeal within 15 days).
Execution is immediate unless the tenant (a) files a supersedeas bond to cover rents/damages/costs adjudged and (b) deposits the accruing rents with the MTC during the appeal. Failure to deposit allows execution despite appeal.

Counterclaims:

Permitted, but governed by summary procedure limits.

8) Winning the Case: From Judgment to Actual Turnover

Writ of Execution: After judgment (and if not stayed), the court issues a writ directing the sheriff to deliver possession to the landlord and collect sums awarded.
Sheriff’s enforcement: Sheriff schedules implementation, coordinates with barangay and, if needed, requests police assistance. The tenant is given a reasonable period to remove personal effects.
Writ of Demolition: If there are structures/obstructions that must be removed (more common in land cases), the court may issue a separate demolition order with prior notice.
Handling tenant’s properties: Sheriff prepares an inventory; items may be stored at a bonded warehouse at the debtor’s expense when refused or abandoned.

9) Special Situations You Should Anticipate

Month-to-month (holdover) tenants: Give a clear written notice of termination in accordance with the lease or, absent a stipulation, with reasonable notice. Continued acceptance of rent after the termination date can imply tolerance—resetting the 1-year clock only when you make a fresh demand to vacate.
Rent-controlled units (if covered):
- Typically limit security deposit (commonly not more than two months) and advance rent (commonly one month) and set increase caps.
- Owner’s use and repair-necessity grounds often require specific prior notice and may restrict re-rental for a period (traditionally at least one year).
- Because coverage thresholds and extensions change over time, verify current rules for your unit before acting.
Unauthorized occupants (e.g., subtenants): You may sue the tenant and actual occupants. Even if a subtenant claims a separate right, actual possession is what matters in Rule 70.
Condominiums/HOAs: Associations can enforce bylaws/penalties, but eviction still requires court process; property managers cannot lawfully “kick out” occupants without a court writ.
Corporate landlords/tenants: Barangay conciliation is typically not required if a party is a juridical person (corporation, partnership, etc.). Attach board resolutions/Secretary’s Certificate or SPA for authorized signatories.
Criminal acts by tenant (e.g., damage, threats): Separate criminal complaints may be filed; they do not replace the civil ejectment case but can support protective measures.

10) Evidence That Wins (and What Commonly Causes Dismissal)

Have these ready:

Lease (or solid proof of terms), receipts and rent ledger, utility bills/penalties owed.
Demand letters and proof of service (registry receipts + return cards, courier POD, or signed acknowledgments).
Barangay CFA (when required).
Photos, inspection reports, neighbor affidavits for violations/nuisance.
Title/tax dec (to show better right to possess).

Frequent pitfalls:

Filing beyond 1 year from the last demand/entry—wrong remedy/jurisdiction.
Skipping barangay conciliation when required—case dismissed.
Demand letters with no proof of service.
Wrong venue (must be where the property is).
Turning the case into a title dispute (Rule 70 is about possession, not ownership).
Self-help (lockouts/utility cutoffs) that backfire and create liability.

11) Practical, Ethical, and Strategic Tips

Start with documentation: Paper wins—keep a clean ledger and all receipts and communications.
“Cash-for-keys”: A lawful settlement where the landlord pays a modest amount for a voluntary, timely turnover. Put it in writing, require a turnover checklist, and waiver/quitclaim.
Be precise in notices: Identify the ground, amounts due, deadline, and what cures the default (if curable).
Keep taking rent deposits into court (if you’re the tenant on appeal) and demand that rule be enforced (if you’re the lessor).
Coordinate early with the sheriff post-judgment to understand scheduling, fees, and any logistical issues.

12) Step-by-Step Roadmap (Quick Reference)

Confirm the ground for eviction and whether rent control applies.
Serve written demand (pay and/or vacate) with a clear deadline; keep proof of service.
Barangay: File for conciliation if required; secure CFA if no settlement.
File Rule 70 case (MTC/MeTC where the property is), within 1 year of demand/entry.
Proceed under Summary Procedure: Answer → preliminary conference → position papers/affidavits → judgment.
Execution: If you win, and absent a valid supersedeas bond and rental deposits by the tenant, move for immediate execution.
Turnover: Sheriff enforces the writ; coordinate for removal/handling of personal effects.

13) Templates (Short, adaptable)

A) Demand to Pay and Vacate (sample skeleton)

Subject: Demand to Pay and Vacate – [Unit/Address] Date: [____] To: [Tenant Name], [Address]

You are in breach of the lease dated [____] for [nonpayment/violation]. As of today, your unpaid obligations total ₱[amount] (rent from [months], plus [itemized charges]).

You are hereby demanded to pay the total amount and vacate the premises within [10] days from receipt of this letter. Failure to comply will leave us no choice but to commence ejectment proceedings and seek damages, costs, and attorney’s fees.

Payments may be made to [details]. Keys must be surrendered with a signed Unit Turnover Form.

Sincerely, [Lessor/Authorized Representative] [Signature, contact details] (Attach: Statement of Account)

Service: Sent via registered mail no. [] / courier tracking [] / personal service acknowledged by [name/signature/date].

B) Barangay Complaint (key points)

Parties, addresses, description of property, short narrative of breach, amounts due, attach demand.
Relief: Payment and vacate, plus damages.
If no settlement → CFA.

C) Complaint for Unlawful Detainer (outline)

Caption & Parties
Allegations:
- Jurisdiction/venue (property location).
- Existence of lease; how possession turned illegal (expiry/violation).
- Prior demand(s) and noncompliance; CFA (if required).
- Claims for rents/compensation for use, damages, attorney’s fees.
Prayer: Possession, sums due with interest, costs; immediate execution as provided by Rule 70.
Verification & Certification Against Forum Shopping
Annexes: Lease/communications, demand/registry receipts/return cards, barangay CFA, title/tax dec, SOA/ledger, IDs/photos/affidavits.

14) FAQs

Q: How much notice must I give? There’s no single universal number of days in all situations. Give clear written notice with a reasonable deadline, and comply with any lease-specific or rent-control-specific notice rules (e.g., owner’s use).

Q: Can I change the locks if the tenant won’t leave? No. Self-help is illegal and risks criminal/civil liability.

Q: What if the tenant keeps paying month-to-month after expiry? That can be tacit renewal. To end it, serve a termination/notice to vacate and, if refused, file unlawful detainer within 1 year from last demand.

Q: Can I include unpaid utilities and association dues in the claim? Yes, if the lease obligates the tenant to pay them; present proof and computation.

Q: What stops the tenant from delaying via appeal? Rule 70 requires a supersedeas bond and regular rent deposits during appeal; without those, execution proceeds despite the appeal.

15) Final Reminders

Timelines matter: Track the 1-year window strictly.
Barangay conciliation: Don’t skip it when required.
Proof of service on your demands is often the hinge of your case.
Rent control coverage changes over time—confirm if your unit is covered and follow any special notice rules.
When in doubt, consult counsel early; fixing errors after filing is harder than doing it right at the start.

If you’d like, tell me your specific scenario (lease type, dates, ground, documents on hand), and I’ll tailor a checklist and draft demand you can use immediately.