1) The core idea: you can end a lease without a written contract—but you cannot “self-evict”

In the Philippines, a tenancy/lease does not need to be in writing to be valid. A lease may be oral or implied from conduct (e.g., the tenant occupies the property and pays rent; the owner accepts rent). What matters is that a lessor–lessee relationship exists.

Even if the owner wants the unit vacated for renovation, the owner generally must follow lawful process. “Self-help” eviction—changing locks, removing doors, cutting utilities, throwing out belongings, harassment, threats, or blocking access—is risky and commonly treated as unlawful and can expose the owner to civil liability (damages) and potentially criminal exposure depending on the acts (e.g., coercion, trespass, malicious mischief, unjust vexation, etc., based on the facts).

Bottom line: renovation may be a reason to ask the tenant to leave, but the method must still be lawful.

2) No written contract: what the law treats as the “term” of the lease

When there’s no written lease specifying the duration, the Civil Code supplies default rules. The most practical rule is:

A. Implied period based on how rent is paid (Civil Code, Art. 1687)

If rent is paid:

Monthly → the lease is generally treated as month-to-month
Weekly → week-to-week
Daily → day-to-day
Yearly → year-to-year

This matters because ending the lease often depends on giving timely notice consistent with that implied period (and/or making a proper demand to vacate).

B. Proof problems (and how they’re usually resolved)

Without a written contract, disputes become evidence-driven. Common proof includes:

Rent receipts, acknowledgments, bank transfers, e-wallet logs
Chats/emails about rent and occupancy
Utility bills paid by tenant (not conclusive, but supportive)
Testimony of neighbors/household staff
Any document showing the address used by the tenant

Owners should preserve proof of:

Ownership/authority to lease
Rental rate and payment schedule
Arrears or violations (if any)
Need and plan for renovation (permits, engineer’s report, scope)

3) Renovation as a reason to end occupancy: two legal “tracks”

Renovation-related removals usually fall into one of these legal tracks:

Track 1: Termination of a periodic lease (Civil Code default; common when Rent Control doesn’t apply)

If the lease is month-to-month (typical), the lessor may generally terminate by giving notice consistent with the period and then demanding the tenant vacate at the end of that period.

Renovation is not always required as a special “ground” in this track; the lease can often be ended simply because the period ends—but the tenant still cannot be forcibly removed without due process if they refuse.

Track 2: Ejectment limited by Rent Control (if the unit is covered)

If the property is a residential unit covered by the Rent Control Act (and any current extensions/amendments), the owner’s ability to eject is restricted to specific grounds and often requires longer written notice. Renovation can be relevant here, but typically must be framed as necessary repairs/renovation that cannot be done with the tenant in place (and compliance with statutory conditions).

Because coverage depends on factors like location and monthly rent level under the current law and its extensions, this track is highly fact-specific.

4) First step: determine whether Rent Control applies

Before deciding the notice and grounds, identify whether the unit is covered by rent control.

A. General indicators of possible coverage

The property is residential (not commercial)
The monthly rent is within the statutory “covered rent” ceiling for the city/municipality and period
The unit is not an excluded category (certain higher-end units or newly constructed units may be treated differently depending on the applicable statute)

B. Why this matters

If covered, the owner usually cannot evict just because they want the unit back; they must fit the situation into the allowed statutory grounds and comply with notice/conditions. If not covered, the Civil Code rules and general lease principles usually govern.

5) Notice requirements: what “proper notice” looks like in practice

A. Best practice: written notice, even if the lease is oral

Even with an oral lease, the safest approach is to give written notices with:

Full name of tenant and address of premises
Statement that the lease is being terminated / unit must be vacated
Reason (renovation), plus expected start date of works
The deadline to vacate (specific date)
Request for coordination of inspection, turnover, and return of deposit
Signature, date, and proof of service (personal service with acknowledgment, registered mail/courier, or service with witness)

B. Timing under month-to-month arrangements (Civil Code model)

For a month-to-month lease, a commonly followed approach is:

Notice of non-renewal/termination effective at the end of the next rental month (i.e., at least one full rental period’s lead time), and
A formal demand to vacate if the tenant does not leave by the deadline.

C. If Rent Control applies

If covered, the law may require:

A longer notice period (often cited in practice as 3 months for certain grounds like necessary repairs), and
Compliance with statutory conditions (e.g., good faith, refund of certain payments, or other tenant-protective conditions depending on the specific ground and version of the law).

Practical point: when Rent Control may apply, owners should draft the notice in a way that clearly ties the request to a recognized ground (e.g., necessary major renovation requiring vacancy), supported by documents (scope of work, permits/assessments).

6) What owners must NOT do (common “illegal eviction” patterns)

Even if renovation is legitimate, these moves commonly backfire:

Lockout or padlocking while tenant is still in lawful possession
Removing doors/windows/roof to force the tenant out
Cutting water/electricity as leverage
Taking the tenant’s belongings or placing them outside without authority
Harassment, threats, public shaming, or intimidation
Refusing to accept rent then claiming nonpayment, without careful documentation and legal basis

These actions can trigger claims for damages and can undermine an ejectment case.

7) The lawful path if the tenant refuses: ejectment (unlawful detainer)

When a tenant initially had lawful possession (because the owner allowed occupancy) but later refuses to leave after the lease ends or after a demand, the usual remedy is unlawful detainer (an ejectment case) under the Rules of Court.

A. Why ejectment is the typical case for renovation scenarios

Renovation cases often look like:

Lease ended / owner terminated the periodic lease; or
Owner needs vacancy for necessary works; tenant refuses; and
Tenant’s continued stay becomes unlawful after proper demand.

B. Where it’s filed

Ejectment cases are filed in the Municipal Trial Court / Metropolitan Trial Court with territorial jurisdiction over the property.

C. Critical procedural prerequisite: demand to vacate

A prior demand is central to unlawful detainer. In practice, the demand letter is treated as a key foundation of the case, because the cause of action is anchored on the tenant’s refusal after demand.

D. Usual sequence

Written notice of termination / need to vacate (with a vacate date)
If tenant remains: Final demand to vacate (often consolidated with Step 1 in careful drafting)
Barangay conciliation (Katarungang Pambarangay), when required
File Complaint for Unlawful Detainer in court
Summary procedure: answer, preliminary conference, submission of position papers/affidavits, judgment
If judgment is for the lessor: writ of execution, then writ of demolition if needed, implemented by the sheriff

E. Barangay conciliation: when it can be required

Many landlord–tenant disputes between parties residing in the same city/municipality (and otherwise within the coverage rules) must pass through barangay conciliation before court, and you’ll need a certification (commonly the Certificate to File Action) if settlement fails.

There are exceptions (e.g., when a party is a juridical entity in certain setups, urgent legal actions, or when the dispute is outside coverage parameters), but parties often go through barangay as a practical first step because courts may look for compliance where required.

8) Renovation-specific framing: what makes a “renovation” rationale stronger (and safer)

Renovation as a reason to require vacancy is more credible when it is:

Necessary (e.g., structural repairs, electrical rewiring, plumbing overhaul, termite-damaged framing, roof replacement)
Incompatible with occupancy (safety hazards, major demolition, prolonged loss of basic services)
Supported by documents (engineer/contractor assessment, scope, schedule, permit application/approval, photos)

If it’s cosmetic (painting, minor tile replacement), courts and barangay mediators may view the “need to vacate” as less compelling and more like a pretext—especially if Rent Control protections apply.

9) Handling rent, deposits, and reimbursements during a renovation-driven termination

A. Security deposit and advance rent

Common issues:

Tenant demands full return; owner claims deductions for damage or unpaid bills. Best practice:
Conduct a joint inspection with photos/video
Provide an itemized written accounting of deductions
Return any balance promptly upon turnover

B. Improvements introduced by the tenant (Civil Code concepts)

If the tenant introduced improvements:

Useful improvements may raise questions of reimbursement or removal, depending on consent and whether removal causes damage.
Tenants generally cannot demand reimbursement for every improvement; outcomes vary with consent, necessity, and whether the lessor benefited.

Because this area is fact-heavy, documenting permissions and the condition of the unit at move-in/out is crucial.

C. Rent during the notice period

If the tenant remains in possession during the notice period, rent is generally due unless:

The owner and tenant agree to a rent waiver in exchange for early move-out; or
A court orders otherwise in a specific case.

If the owner refuses rent to pressure the tenant, that can complicate later claims.

10) Tenant defenses and owner pitfalls in court

Common tenant defenses

Improper or insufficient notice (wrong date, unclear termination)
No valid demand to vacate
Rent Control coverage and eviction not based on allowed grounds
Bad faith renovation claim (no permit, no plan, immediately re-leased to another at higher rent)
Retaliatory eviction (after complaints about habitability)
Acceptance of rent after termination (can be argued as renewal/waiver in some factual settings)

Common owner pitfalls

Vague, undocumented renovation reason
No proof of service of notices
Skipping barangay conciliation when required
Lockout/utility cut leading to counterclaims
Filing the wrong case (e.g., treating it as forcible entry instead of unlawful detainer)

11) Practical “compliance checklist” for owners

Classify: residential vs commercial; check likely Rent Control coverage.
Document: proof of lease relationship (rent records) and renovation necessity (scope/permits/assessment).
Serve written notice: clear vacate date aligned with the applicable rule (Civil Code periodic term and/or Rent Control notice).
Serve demand to vacate: keep proof of receipt/service.
Barangay conciliation if required; obtain certification if unresolved.
File unlawful detainer promptly after refusal to vacate; attach notices, proof of service, proof of ownership/authority, and renovation documentation.
Do not self-evict; wait for lawful enforcement if needed.
Turnover protocol: inspection, accounting, deposit return, written acknowledgment of surrender.

12) Key takeaways

No written contract does not mean no lease. Oral/implied leases are enforceable.
Renovation does not justify self-help eviction. The lawful route is notice + demand + (often) barangay + ejectment if needed.
Notice timing depends on whether the lease is periodic under the Civil Code and whether Rent Control restrictions apply.
Strong renovation-based termination is documented, necessary, and safety-driven, not cosmetic or pretextual.
In contested cases, the outcome often turns on paperwork and procedure: proper notice, proper demand, proper forum, and proper proof.