The question of whether a tenant in the Philippines is entitled to a “grace period” to vacate an apartment after the lease expires or is terminated is one of the most common sources of confusion and conflict in landlord-tenant disputes. The short and direct answer under current Philippine law (as of December 2025) is:
There is no statutory or mandatory grace period required by law for a tenant to vacate the premises after the lease has legally ended.
The tenant’s legal obligation to surrender possession arises immediately upon the expiration of the lease term or upon lawful termination. Holding over without the landlord’s consent renders the tenant’s possession unlawful from day one after expiration, and the landlord may immediately file an ejectment case.
However, in practice, landlords almost always give 15–30 days in their formal demand letter, and courts generally expect that a reasonable opportunity to vacate has been given before the filing of the case.
Below is everything you need to know about the topic under current Philippine law.
1. Legal Framework Governing Lease Termination and Vacation
The relationship is governed primarily by:
- Articles 1643–1709 of the Civil Code of the Philippines (Law on Lease)
- Rule 70 of the 1997 Rules of Civil Procedure as amended (Actions for Forcible Entry and Unlawful Detainer)
- Relevant Supreme Court decisions (jurisprudence)
There is currently no nationwide Rent Control Act in force (RA 9653 and its extensions lapsed on 31 December 2023 and Congress has not passed a new one as of December 2025). Therefore, pure Civil Code rules apply to all residential leases regardless of rental amount.
2. Types of Leases and When the Obligation to Vacate Arises
A. Fixed-Term Lease (e.g., “one year from January 1, 2025 to December 31, 2025”)
Under Article 1687, Civil Code:
“If the lease was made for a determinate time, it ceases upon the day fixed, without the need of a demand.”The lease automatically expires on the last day. No notice of termination is required from the landlord.
The tenant is legally obliged to vacate on the last day of the lease (or earlier if the contract so provides).
If the tenant does not vacate, possession becomes unlawful the very next day.
B. Month-to-Month or Indefinite Period Lease (most common after a fixed-term lease expires and rent continues to be accepted)
The lease is deemed renewed tacitly every month (Article 1670, Civil Code) if the landlord continues accepting rent without objection.
To terminate, the landlord must manifest a clear intention not to renew. This is done through a written notice/letter of termination or demand to vacate.
Supreme Court jurisprudence consistently holds that the landlord must give the tenant reasonable time to vacate. Thirty (30) days is considered reasonable and is the prevailing practice (see Rivera v. Espiritu, G.R. No. 135547, 2002; Chua v. CA, G.R. No. 109840, 1994, among many others).
Therefore, in month-to-month leases, the practical “grace period” is effectively 30 days from receipt of the landlord’s written notice of termination.
3. The Demand to Vacate: When It Is Required and What It Must Contain
For unlawful detainer jurisdiction (summary ejectment), a prior demand to vacate is required in the following cases:
- Expiration of a written or oral lease contract
- Termination of a month-to-month lease
- Tolerance (tenant allowed to stay after expiration without new contract)
The demand letter must:
- Clearly state that the lease has expired or is being terminated
- Demand that the tenant vacate and surrender the premises
- Demand payment of arrears, if any
There is no legal requirement on how many days must be given in the demand letter. Landlords may legally demand “immediate” vacation, but in practice:
- Most lawyers use 15 days or 30 days
- Courts frown upon demands that give only 1–3 days unless there is extreme urgency (e.g., subleasing to undesirable persons, damage to property)
- A demand giving 7–15 days is almost always accepted by the courts
Thus, while there is no mandatory statutory grace period, giving 15–30 days has become the de facto standard to avoid dismissal of the ejectment case on technical grounds.
4. Consequences of Not Vacating After Expiration/Termination
Day 1 after expiration or after the period given in the demand letter → tenant’s possession becomes unlawful.
Landlord may file unlawful detainer before the Municipal Trial Court. The case is raffled within 1 day and trial typically finishes within 3–6 months (summary procedure).
If the tenant loses, the judgment is immediately executory (can be enforced even pending appeal unless the tenant posts a supersedeas bond).
The sheriff will give the tenant 5 days to voluntarily vacate after receipt of the writ of execution. If the tenant still refuses, forcible eviction (“demolition”) follows.
5. Exceptions and Special Cases Where Longer Periods Are Effectively Granted
| Situation | Effective Grace Period | Legal Basis |
|---|---|---|
| Month-to-month lease termination | 30 days (prevailing practice, upheld by SC) | Jurisprudence |
| Post-COVID rental debt (Bayanihan 1 & 2) | Expired (last payments due 2022–2023) | No longer applicable |
| Natural calamity or fortuitous event | Moratorium on ejectment may be declared by President or LGU | Depends on proclamation |
| Tenant is a senior citizen, PWD, pregnant, or has serious illness | Courts often grant 60–90 days humanitarian extension upon motion | Judicial discretion |
| Lease contract itself provides for grace period (e.g., “tenant shall have 60 days to vacate after expiration”) | Binding on landlord | Article 1308, Civil Code (contracts have force of law between parties) |
| Condominium corporation rules or subdivision restrictions | May require 30–60 days notice | Binding if incorporated in lease |
6. Practical Recommendations
For Landlords:
- Always send a notarized demand letter giving at least 15 days (30 days is safer).
- Do not accept rent after expiration if you want the tenant out (acceptance creates tacit renewal).
- File ejectment immediately after the period in the demand lapses.
For Tenants:
- Vacate on or before the last day of the lease to avoid ejectment suit and possible blacklisting.
- If served with a demand to vacate, negotiate in writing for extension if needed (get it in writing).
- If you believe the termination is illegal, file a case for specific performance or damages, but continue paying rent to the court (consignation).
7. Current Status (December 2025)
No new Rent Control Act has been passed. Several bills are pending in the 19th Congress (e.g., House Bill No. 1215, Senate Bill No. 1637) proposing reimposition of rent control and mandatory 60-day grace periods, but none have become law as of this writing.
Until new legislation is enacted, the rule remains: no statutory grace period upon lease expiration; vacation is due immediately on the last day, subject only to the practical 15–30 days given in the demand letter and the prevailing 30-day notice for month-to-month leases.
This is the complete and current state of Philippine law on the matter.