A tenant who stops paying rent and leaves damage in the unit creates two urgent problems for a landlord: recovering possession of the property and collecting what is owed. In the Philippines, the safest path is not to padlock the unit, remove the tenant’s belongings, or cut utilities. The proper approach is to document the breach, send the correct written demand, comply with barangay conciliation when required, and file the right case in the proper first-level court if the tenant still refuses to pay or leave.
This guide explains what Philippine law says about unpaid rent and damaged leased property, what landlords can legally do, what tenants may raise as defenses, and how the process usually works in real life.
The Legal Issue: Unpaid Rent, Property Damage, and Refusal to Vacate
A lease is a contract. The landlord, called the lessor under the Civil Code, allows the tenant, called the lessee, to use the property for a period of time in exchange for rent.
When a tenant refuses to pay rent and damages the unit, the issue is usually a combination of:
- Breach of lease contract — failure to pay rent or follow lease terms
- Damage to property — liability for repairs beyond ordinary wear and tear
- Unlawful detainer — continued possession after the tenant’s right to stay has ended
- Possible civil money claim — unpaid rent, utilities, repair costs, attorney’s fees, and costs
- Possible criminal issue — only in more serious cases, such as deliberate destruction, theft of fixtures, or malicious acts
The most important practical point is this: even if the tenant clearly violated the lease, a landlord generally cannot forcibly evict the tenant without court process. Possession must usually be recovered through an ejectment case in the proper Municipal Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court.
What Philippine Law Says About a Tenant’s Duties
Under Article 1657 of the Civil Code, the tenant must:
- Pay the price of the lease according to the agreed terms
- Use the leased property as a diligent person would, and only for the agreed purpose
- Pay expenses connected with the lease deed, unless agreed otherwise (LawPhil)
This means a tenant cannot simply stay in the unit without paying rent. The tenant also cannot use the property recklessly, destroy fixtures, neglect the premises, or allow household members and visitors to damage the unit.
The Civil Code also makes the tenant responsible for damage caused by fault or negligence. A tenant must return the property as received, except for ordinary wear and tear or loss due to unavoidable causes. If there was no written inventory or statement of condition when the lease began, the law generally presumes that the tenant received the property in good condition, unless proven otherwise. The tenant may also be liable for damage caused by members of the household and guests. (LawPhil)
What Counts as Damage Beyond Ordinary Wear and Tear?
Not every defect can be charged to the tenant. Normal use naturally causes some deterioration.
| Usually Ordinary Wear and Tear | Usually Chargeable Damage |
|---|---|
| Faded paint after years of use | Large holes in walls from misuse |
| Minor floor scratches from normal walking | Broken tiles caused by impact or negligence |
| Loose cabinet hinges from age | Broken cabinet doors pulled off or kicked in |
| Normal appliance aging | Missing appliances or parts |
| Light stains from normal use | Burn marks, water damage from neglect, pet urine damage |
| Slight discoloration of grout | Cracked sink, broken toilet, shattered window |
Good evidence matters. Photos, move-in checklists, inspection reports, repair estimates, receipts, condo incident reports, and written admissions can make the difference between a strong claim and a “he said, she said” dispute.
What Philippine Law Says About the Landlord’s Duties
A landlord also has duties. Article 1654 of the Civil Code requires the lessor to deliver the leased property in a condition fit for its intended use, make necessary repairs unless there is a contrary agreement, and maintain the tenant in peaceful and adequate enjoyment of the lease. (LawPhil)
This matters because some tenants refuse to pay rent by saying:
- “The landlord did not repair the leak.”
- “The unit is not livable.”
- “The aircon, plumbing, or electrical system was defective.”
- “I spent my own money for repairs.”
Article 1658 of the Civil Code allows the tenant to suspend payment of rent in limited situations if the landlord fails to make necessary repairs or fails to maintain peaceful enjoyment of the property. (LawPhil)
But this does not mean a tenant can automatically stop paying rent for every complaint. The issue usually depends on:
- Whether the repair was truly necessary
- Whether the tenant gave timely notice
- Whether the defect made the unit unfit or seriously impaired use
- Whether the damage was caused by the tenant
- Whether the lease contract assigned certain repair obligations to the tenant
- Whether the tenant continued occupying the unit while refusing to pay
If the dispute reaches court, the landlord should be ready to show repair history, messages, inspection reports, receipts, and any evidence that the tenant’s non-payment was unjustified.
Legal Grounds to Evict a Tenant for Non-Payment or Damage
Article 1673 of the Civil Code allows a landlord to judicially eject a tenant in several situations, including:
- The lease period has expired
- The tenant fails to pay the agreed rent
- The tenant violates conditions of the lease contract
- The tenant uses the property for a purpose or service not agreed upon
- The tenant causes deterioration of the property because of improper use or failure to use it with due diligence (LawPhil)
The word judicially is important. It means through a court case, not by force.
If the tenant is still occupying the unit, the usual case is unlawful detainer, a type of ejectment case. This is filed when the tenant originally entered the property legally, but later lost the right to remain because of unpaid rent, expiration of the lease, violation of lease terms, or refusal to vacate after demand.
Step-by-Step Guide: What to Do If the Tenant Refuses to Pay and Damages the Unit
1. Review the Lease Contract and Payment Records
Before sending threats or filing a case, gather and review:
- Lease contract and renewals
- Start and end date of the lease
- Monthly rent and due date
- Security deposit and advance rent clauses
- Repair and maintenance clauses
- Rules on inspection, entry, utilities, pets, subleasing, and alterations
- Payment receipts, bank transfers, GCash/Maya confirmations, checks, or bounced checks
- Condo dues, association dues, water, electricity, internet, and other charges
- Written messages about rent, repairs, complaints, or promises to pay
Make a simple ledger:
| Month | Rent Due | Amount Paid | Balance | Notes |
|---|---|---|---|---|
| January | ₱25,000 | ₱25,000 | ₱0 | Paid by bank transfer |
| February | ₱25,000 | ₱10,000 | ₱15,000 | Partial payment |
| March | ₱25,000 | ₱0 | ₱25,000 | No payment |
| April | ₱25,000 | ₱0 | ₱25,000 | Demand sent |
A clear ledger helps avoid confusion and makes the demand letter more credible.
2. Document the Damage Carefully
Do not rely on memory. Evidence should be preserved early.
Useful evidence includes:
- Dated photos and videos of the damage
- Move-in photos or inspection report
- Move-out or current inspection report
- Repair quotations from contractors
- Receipts for actual repairs
- Condo administration reports
- Security guard incident reports
- Barangay blotter, if there was disturbance or intentional damage
- Messages where the tenant admits damage
- Witness statements from neighbors, guards, caretakers, or property managers
If the tenant is still inside the unit, avoid entering without consent unless the lease clearly allows inspection and the entry is done peacefully, with proper notice, and for a legitimate reason. Forced entry can create a separate dispute.
3. Send a Written Demand to Pay, Repair, Comply, and Vacate
For non-payment of rent or violation of lease conditions, Rule 70 requires a proper demand before an unlawful detainer case may proceed. The demand should generally require the tenant to pay the rent or comply with the lease and vacate the property if they fail to do so. (Supreme Court E-Library)
The Supreme Court has emphasized that when ejectment is based on non-payment or violation of lease terms, the required demand is not merely a demand to vacate. There must be a demand to pay or comply, and to vacate if the tenant does not do so. (Supreme Court E-Library)
A strong demand letter should include:
- Tenant’s full name
- Complete address of the leased unit
- Lease contract date, if any
- Total unpaid rent and months covered
- Unpaid utilities, dues, penalties, or other charges
- Specific damage discovered or reported
- Lease clauses violated
- Deadline to pay, repair, or comply
- Demand to vacate if the tenant fails to pay or comply
- Reservation of the landlord’s right to claim damages, attorney’s fees, and costs
- Attached statement of account, photos, or repair estimates when appropriate
4. Serve the Demand Properly and Keep Proof
Under Rule 70, the written demand may be served by:
- Personally handing it to the tenant
- Leaving it with a person found on the premises
- Posting it on the premises if no person can be found there (Supreme Court E-Library)
In practice, landlords often use more than one method to avoid disputes:
- Personal delivery with signed receiving copy
- Registered mail or courier with proof of delivery
- Email or messaging app, if the tenant regularly communicates there
- Posting on the door, with photos and a witness if nobody receives it
- Service through the barangay, when appropriate
For leased buildings, Rule 70 gives the tenant 5 days from demand to pay or comply before the landlord may proceed. For land, the period is 15 days. (Supreme Court E-Library)
5. Check Whether Barangay Conciliation Is Required
Before filing in court, some disputes must first go through Katarungang Pambarangay, the barangay conciliation system under the Local Government Code.
Barangay conciliation is commonly required when:
- The parties are natural persons, not corporations
- They live in the same city or municipality
- The dispute is not covered by an exception
- The matter is not so urgent that immediate court action is legally justified
For real property disputes, venue is generally the barangay where the property, or the larger portion of it, is located. For parties in different barangays in the same city or municipality, the case is generally brought before the barangay of the respondent. (Supreme Court E-Library)
Court action is generally barred until the required barangay confrontation has taken place and no settlement was reached, or a settlement was repudiated. Failure to comply with barangay conciliation is not usually a jurisdictional defect, but it can make the complaint premature and dismissible if properly raised. (Supreme Court E-Library)
Common exceptions include disputes involving corporations or juridical entities, parties residing in different cities or municipalities, real property located in different cities or municipalities, and cases requiring urgent legal action such as preliminary injunction or attachment. (LawPhil)
6. File an Unlawful Detainer Case if the Tenant Still Refuses to Pay or Leave
If the tenant ignores the demand and remains in the unit, the landlord may file an unlawful detainer case in the proper first-level court where the property is located.
The case must generally be filed within one year from the unlawful withholding of possession, commonly counted from the last demand to vacate or the date possession became unlawful. Rule 70 provides that this action is brought in the proper Municipal Trial Court against the person unlawfully withholding possession, together with claims for damages and costs. (Supreme Court E-Library)
The complaint usually asks for:
- Tenant’s eviction from the unit
- Return of possession to the landlord
- Unpaid rent
- Reasonable compensation for use and occupancy until the tenant leaves
- Repair costs for damage beyond ordinary wear and tear
- Utility arrears and association dues, if recoverable under the lease
- Attorney’s fees, if justified and supported
- Costs of suit
7. Use the Security Deposit Correctly
For residential units covered by the Rent Control Act of 2009, the landlord cannot demand more than one month advance rent and two months deposit. The deposit is meant to answer for unpaid rent, utilities, and damage to the unit. If the tenant fails to settle rent, utilities, or destroys house components or accessories, the deposit and interest may be forfeited in an amount corresponding to the actual monetary damage. (LawPhil)
Even outside rent-controlled units, the lease contract usually governs how the security deposit is applied. A careful landlord should prepare an itemized computation showing:
- Total unpaid rent
- Unpaid utilities or dues
- Repair cost with supporting estimate or receipt
- Amount of deposit applied
- Remaining balance owed, or refund due
Avoid vague statements like “deposit forfeited” without explaining the basis. Itemization reduces disputes and looks more credible if the matter reaches court.
8. Enforce the Judgment Through the Sheriff
If the court orders eviction and the judgment becomes enforceable, the landlord should recover possession through the sheriff, not by personal force.
In ejectment cases, the judgment may include restitution of the premises, arrears of rent or reasonable compensation for use and occupation, attorney’s fees, and costs. (Supreme Court E-Library)
If the tenant appeals, immediate execution may still proceed unless the tenant satisfies the legal requirements, including a sufficient supersedeas bond and required rent deposits during appeal. Failure to make the required deposits can allow execution as to possession. (Supreme Court E-Library)
When enforcing a judgment for delivery or restitution of real property, the sheriff generally demands that the losing party vacate within 3 working days, and if they refuse, the sheriff may oust them with necessary assistance. (Supreme Court E-Library)
Which Case Should You File?
The correct case depends on whether the tenant is still occupying the unit and what relief the landlord needs.
| Situation | Usual Legal Remedy | Where Filed | Main Purpose |
|---|---|---|---|
| Tenant is still inside, refuses to pay, and refuses to leave | Unlawful detainer / ejectment | First-level court where the property is located | Recover possession, unpaid rent, damages, costs |
| Tenant already left but still owes rent and repair costs | Civil collection case or small claims, depending on amount and nature | Proper first-level court | Collect money |
| Tenant left and claim is ₱1,000,000 or below, based on lease obligations | Small claims case may be available | First-level court | Faster recovery of money claim |
| Tenant deliberately destroyed property or stole fixtures | Possible criminal complaint plus civil claim | Prosecutor’s office, police, or proper court process | Penal accountability and damages |
| Tenant is a corporation or company lessee | Court action may proceed without barangay conciliation in many cases | Proper court | Possession and/or collection |
Under the 2022 Rules on Expedited Procedures in First Level Courts, small claims cases can cover claims not exceeding ₱1,000,000, and the Supreme Court has identified money owed under contracts of lease as among the claims that may fall under small claims procedure. (Supreme Court of the Philippines)
Small claims are useful when the tenant has already left and the remaining issue is money. But if the tenant is still occupying the unit, the landlord usually needs ejectment, not just a collection case.
Special Rule for Rent-Controlled Residential Units
The Rent Control Act of 2009, Republic Act No. 9653, applies to certain residential units within the statutory coverage. The original law covered residential units with monthly rent of ₱1 to ₱10,000 in Metro Manila and highly urbanized cities, and ₱1 to ₱5,000 in other areas, subject to later adjustments by the proper housing authorities. (LawPhil)
For covered units, judicial ejectment may be allowed on specific grounds, including:
- Assignment or sublease without the owner’s written consent
- Arrears in rent for a total of three months
- Legitimate need of the owner or immediate family member to repossess the unit, subject to legal conditions
- Need for repairs making the unit uninhabitable, subject to the tenant’s right of first preference after repair
- Expiration of the lease period (LawPhil)
The Rent Control Act also states that sale or mortgage of the leased residential unit is not by itself a ground to eject the tenant. (LawPhil)
For 2025, the National Human Settlements Board set a maximum annual rent increase of 2.3% for covered residential units with monthly rent of ₱10,000 or less, according to the Department of Human Settlements and Urban Development. (Human Settlements and Urban Dev.)
Documents and Evidence Checklist
| Document or Evidence | Why It Matters |
|---|---|
| Lease contract and renewals | Proves rent, term, deposit, obligations, and default clauses |
| Tenant IDs and contact details | Needed for demand, barangay, and court papers |
| Statement of account | Shows exact unpaid rent, utilities, dues, and penalties |
| Receipts and payment records | Proves what was paid and what remains unpaid |
| Written demand letter | Required for unlawful detainer based on non-payment or lease violation |
| Proof of service of demand | Shows the tenant received or was properly served the demand |
| Move-in photos or inventory | Establishes original condition of the unit |
| Current photos and videos | Shows damage and condition of the premises |
| Repair estimates and receipts | Supports the amount claimed for damage |
| Utility bills and condo dues statements | Supports unpaid charges if tenant is responsible |
| Barangay certificate to file action | Needed when barangay conciliation is required |
| Special Power of Attorney | Needed when the landlord is abroad or acting through a representative |
| Corporate secretary’s certificate or board resolution | Needed when landlord or tenant is a corporation |
| Police report or barangay blotter | Helpful for serious disturbance, deliberate damage, or missing items |
Practical Timeline: How Long Does the Process Usually Take?
The legal rules provide short periods, but actual timelines can vary because of service of summons, court calendars, postponements, incomplete documents, and barangay availability.
| Stage | Legal or Practical Timing |
|---|---|
| Demand letter | Tenant generally gets 5 days for buildings or 15 days for land after demand under Rule 70 |
| Barangay conciliation | Often a few weeks, depending on hearing dates and attendance |
| Filing of ejectment complaint | After demand period and barangay process, if required |
| Tenant’s answer | Within 10 days from service of summons under Rule 70 |
| Preliminary conference | Not later than 30 days after the last answer is filed |
| Position papers and affidavits | Usually within 10 days from the court’s order after preliminary conference |
| Judgment | Rule 70 provides a 30-day period after receipt of affidavits and position papers, or 15 days after clarification affidavits |
| Execution | May proceed according to the rules if judgment is enforceable; sheriff process follows |
Rule 70 ejectment cases are summary in nature, meaning they are designed to move faster than ordinary civil cases. The rules prohibit many delaying pleadings, including most motions to dismiss, motions for extension, bills of particulars, and other pleadings that slow down ordinary litigation. (Supreme Court E-Library)
In real life, delays often happen because the tenant cannot be served, the complaint lacks proof of demand, barangay conciliation was missed, the amount claimed is poorly documented, or the landlord filed the wrong case.
Common Scenarios and How to Handle Them
The Tenant Says They Will Not Pay Because Repairs Were Not Made
Check whether the repair was necessary and whether the tenant gave proper notice. If the issue affects habitability, safety, plumbing, electricity, or serious water intrusion, document the repair request and response carefully.
If the tenant caused the damage, the tenant usually cannot use that damage as an excuse to stop paying. But if the landlord ignored necessary repairs that made the unit unfit for use, Article 1658 of the Civil Code may become relevant. (LawPhil)
There Is No Written Lease Contract
A written lease is helpful, but its absence does not automatically defeat the landlord’s case. Rent receipts, bank transfers, messages, witness testimony, and the tenant’s possession may prove the lease relationship.
If rent is paid monthly and there is no fixed written term, the arrangement is often treated as month-to-month. The Supreme Court has recognized that a month-to-month lease can be treated as having a definite term that ends at the close of each month upon proper demand. (Supreme Court E-Library)
The Tenant Offers Partial Payment After Demand
Partial payment can be accepted, but it should be handled carefully. The receipt should state that acceptance is without prejudice to the landlord’s rights and does not waive the demand to vacate, unless the landlord truly intends to allow the tenant to stay.
A careless receipt saying “fully paid” or accepting rent for a new period without reservation can create confusion and may support an argument that the lease was extended or reinstated.
The Tenant Refuses to Leave After the Lease Expired
If the lease period has clearly expired and the landlord objected to continued occupancy, the tenant may be treated as a possessor in bad faith. Article 1671 of the Civil Code states that a lessee who continues occupying the property after the lease expires, over the lessor’s objection, is subject to the responsibilities of a possessor in bad faith. (LawPhil)
Landlords should be careful with silence. Under Article 1670, if the tenant continues enjoying the property for 15 days after the lease ends with the landlord’s acquiescence, and no notice to the contrary was given, an implied new lease may arise. (LawPhil)
The Tenant Damaged the Unit but Already Left
If possession is no longer an issue, ejectment may no longer be the best remedy. The landlord may instead pursue a money claim for unpaid rent, utilities, and repair costs.
If the claim qualifies under the small claims rules, that may be the more practical route. If the amount is larger, or if the facts are complicated, an ordinary civil action for collection of sum of money and damages may be necessary.
The Tenant Removed Fixtures or Appliances
If the tenant removed items belonging to the landlord, such as air-conditioning units, built-in cabinets, water heaters, furniture, appliances, or condo fixtures, preserve evidence immediately.
Possible remedies may include:
- Demand for return or payment
- Civil claim for replacement value
- Barangay complaint, when required
- Police report or criminal complaint, if facts support theft, malicious mischief, or another offense
A criminal complaint should not be used merely to pressure a tenant in an ordinary rent dispute. But deliberate destruction or taking of property is different from simple inability to pay.
The Landlord Is Abroad
Many overseas Filipino landlords and foreign owners manage Philippine rentals through relatives, agents, or property managers. If the landlord is abroad, the representative should usually have a Special Power of Attorney authorizing them to:
- Send and receive notices
- Attend barangay proceedings
- File complaints and sign verification or certification documents
- Coordinate inspection and repairs
- Receive payments
- Represent the owner in court-related matters, when allowed
Documents signed abroad may need consular notarization at a Philippine Embassy or Consulate, or local notarization with apostille, depending on where the document is executed and how it will be used in the Philippines. The DFA recognizes notarized instruments such as Special Powers of Attorney for apostille processing when properly supported. (Apostille Philippines)
For real property located in the Philippines, Philippine law generally governs rights over that property. Article 16 of the Civil Code provides that real property is subject to the law of the country where it is situated. (LawPhil)
What Landlords Should Not Do
Even when the tenant is clearly at fault, landlords should avoid actions that can create counterclaims, criminal complaints, or administrative trouble.
Do not:
- Padlock the unit while the tenant is still in possession
- Remove the tenant’s belongings without lawful authority
- Cut electricity or water to force the tenant out
- Threaten, shame, or harass the tenant online
- Send security guards to physically remove the tenant without a court order
- Enter the unit without notice, consent, emergency, or clear contractual basis
- Keep the entire deposit without itemizing unpaid rent and actual damage
- Accept new rent payments in a way that accidentally waives the eviction demand
The Supreme Court has warned against taking the law into one’s own hands. In Maderazo v. People, the Court discussed how self-help conduct causing unjust annoyance or forcing someone out without judicial intervention can create legal liability. (Supreme Court E-Library)
How to Make a Strong Demand Letter
A demand letter does not need to be overly dramatic. It should be clear, factual, and complete.
A practical structure is:
Identify the lease
- Name of tenant
- Unit address
- Lease date or start of occupancy
- Monthly rent and due date
State the breach
- Months unpaid
- Total rent arrears
- Unpaid utilities or dues
- Specific property damage
- Lease provisions violated
Demand payment or compliance
- Exact amount due
- Deadline
- Mode of payment
- Required repair, replacement, or inspection
Demand to vacate if the tenant fails
- Clear statement that failure to pay or comply requires the tenant to vacate
- Deadline based on the applicable legal period
Reserve legal rights
- Claim for unpaid rent
- Compensation for continued use
- Repair costs
- Attorney’s fees and court costs, when proper
Attach support
- Statement of account
- Photos
- Repair quotation
- Lease excerpt, if helpful
Avoid insults, threats, or exaggerated accusations. A clean and professional demand letter is more useful in court.
Frequently Asked Questions
Can I evict a tenant immediately for not paying rent in the Philippines?
Usually, no. If the tenant refuses to pay and refuses to leave, the landlord must normally send a proper written demand and, if the tenant still does not comply, file an ejectment case. Physical eviction should be done through the court sheriff after a lawful judgment.
How many months of unpaid rent are needed before I can evict a tenant?
Under the Civil Code, failure to pay rent is a ground for judicial ejectment. For rent-controlled residential units under RA 9653, arrears in rent for a total of three months is a specific ground for judicial ejectment. The exact strategy depends on whether the unit is rent-controlled, the lease terms, and the facts. (LawPhil)
Can I use the security deposit for unpaid rent and damage?
Yes, if the lease and applicable law allow it. For covered residential units under RA 9653, the deposit may answer for unpaid rent, utilities, and damage to the unit in an amount corresponding to the actual monetary damage. The landlord should prepare an itemized computation with proof. (LawPhil)
Can I change the locks if the tenant refuses to pay?
Changing locks while the tenant is still in possession is risky and may be treated as an illegal self-help eviction. The safer legal route is demand, barangay conciliation when required, ejectment, and sheriff-assisted enforcement.
Can I cut the tenant’s electricity or water?
Cutting utilities to force a tenant out can expose the landlord to counterclaims or complaints, especially if the utility account or service is not clearly under the landlord’s control for lawful disconnection. If there are unpaid utilities, document the arrears and include them in the demand and claim.
What if the tenant damaged the unit but says it is just wear and tear?
The landlord must prove the damage is beyond ordinary wear and tear. Move-in photos, inspection reports, repair estimates, receipts, and contractor assessments are very helpful. The tenant is generally not liable for normal aging, but may be liable for negligent, abusive, or intentional damage.
Is barangay conciliation required before filing an ejectment case?
It depends on the parties and location. Barangay conciliation is commonly required when the parties are natural persons residing in the same city or municipality and no exception applies. It is often not required when one party is a corporation, the parties reside in different cities or municipalities, or the case falls under an exception. (LawPhil)
What if the tenant refuses to receive the demand letter?
Rule 70 allows written demand to be served by leaving it with a person found on the premises or posting it on the premises if no person can be found there. Keep proof such as photos, witness statements, courier records, or an affidavit of service. (Supreme Court E-Library)
Can I file a criminal case against a tenant who damaged the unit?
Possibly, but only if the facts support a criminal offense such as malicious mischief, theft, or another punishable act. Many rent and repair disputes are civil in nature. A criminal complaint is more appropriate when there is deliberate destruction, removal of property, or clear evidence of malicious conduct.
How long does an ejectment case take?
Rule 70 is designed to be fast. The tenant’s answer is due within 10 days from summons, preliminary conference should be set within the period provided by the rules, and judgment is expected within a short period after position papers. In practice, delays can happen because of service problems, court schedules, missing documents, barangay issues, or appeals. (Supreme Court E-Library)
Key Takeaways
- A tenant who refuses to pay rent and damages the unit may be liable for unpaid rent, repair costs, compensation for continued occupancy, attorney’s fees, and costs.
- The landlord should document everything before taking action: lease terms, payment history, damage, repair estimates, and communications.
- For non-payment or lease violations, the demand letter should generally require the tenant to pay or comply and vacate if they fail to do so.
- Barangay conciliation may be required before court filing, depending on the parties and location.
- If the tenant remains in the unit, the usual remedy is unlawful detainer or ejectment in the proper first-level court.
- If the tenant already left, the remaining claim may be a collection or small claims case.
- Security deposits should be applied with an itemized computation, not arbitrarily forfeited.
- Landlords should avoid padlocking, removing belongings, cutting utilities, or using force; lawful recovery of possession should go through the court and sheriff.