What You Need to Know About Tenant Eviction Law in the Philippines

Whether you’re a renter or a landlord, knowing what is right under the law regarding eviction pays. Fortunately, in the Philippines, there exist tenant eviction laws that will make it easy for both parties to settle these disputes.

In a nutshell, the tenant eviction law in the Philippines is much different than that in the United States wherein the landlord must have fulfilled certain obligations before considering eviction. For instance, the unit must be habitable and compliant to health laws and building statuses.

Here are the other guidelines to help you tread Tenant Eviction Law in the Philippines:

Valid Grounds for Eviction

• Expiration of the lease contract. In the event that the lease contract expires, the owner of the rental property has a legitimate reason to recover or repossess the property, provided that the renter occupying the said property was informed three months in advance.
• The renter owes the landlord three months’ worth of unpaid or past-due rental payments.
• If a tenant sublets their apartments or boarding houses without the owner’s prior written consent, they are doing an illegal act. If this happens, the owner has the authority to dismiss renters.
• If the rental property needs to be restored to make it safe and habitable, the unit owner must perform the required repairs. This is now subject to an order of condemnation by the relevant authorities.

Observance of a three-day notice

The tenant must be given notice three days prior to eviction. Needless to say, it is illegal to evict a tenant without ample notice forcibly and change the locks without the tenant’s consent. If the non-eviction is on non-payment grounds, the issue shall be deemed resolved should the tenant decide to pay the rent. However, if the tenant refuses to fulfill their financial obligations, the landlord can sue the tenant, and the issue will be resolved in court. This can be taxing financially and time-consuming for both parties.

Eviction is a process that will take time

Evictions do not happen in an instant. According to the Tenant Eviction Law in the Philippines, the landlord has the right to sue the tenant after three consecutive months of non-payment but must wait for the tenant’s response to a writ supplied by the court indicating abandonment. The police will execute the eviction under court order.

Repairs, renovations, and personal use

A landlord also has the right to evict a renter in case of repair or personal use. But even so, the tenant must still be given formal notice, this time, within three months time. This can be delivered via mail or personally handed to the tenant. After the repair, the tenant is given the right to rent the property once again. For condemned buildings or units, the tenant must be given a fifteen-day notice to the tenant to leave the unit.

Ask for help

If the tenant and landlord fail to reach a positive agreement and eviction becomes the last resort, it is advised that the landlord must not take the matter into his or her own hands as to avoid serious consequences under the law. Instead, landlords can opt to ask the delinquent tenant to leave voluntarily. If worse comes to worst, call the police to evict the tenant.

This issue is a serious nuisance for both parties involved, taking much time and resources when amicable resolutions are not met. By knowing the Tenant Eviction Law in the Philippines, tenants and landlords will be equipped with the proper knowledge to go about these situations and protect themselves under the law. 

Source: Attorney.org