Evicting a tenant in the Philippines requires strict adherence to legal procedure. The process is primarily governed by the Rent Control Act of 2009 (Republic Act No. 9653) for residential units within specific rent caps (currently PHP 10,000 and below in the National Capital Region) and the Civil Code of the Philippines (Article 1673) for units exceeding those thresholds. All proceedings must follow the procedural requirements of the Rules of Court. "Self-help" evictions—such as locking a tenant out, removing their belongings, or cutting off basic utilities without a court order—are illegal and can expose landlords to criminal charges for grave coercion or unjust vexation.

Landlords must follow the judicial eviction process (ejectment), known as filing an Unlawful Detainer case.

Grounds for Eviction

The legal grounds for eviction depend on whether the unit is covered by the Rent Control Act or the Civil Code.

1. Under the Rent Control Act (RA 9653)

For units within the rent caps set by the National Human Settlements Board, a landlord may only eject a tenant for:

• Non-payment of Rent: Failure to pay rent for a total of three (3) months (Section 9(b)). If a landlord refuses payment without justification, the tenant may consign the payment to the court or a bank.
• Assignment or Subleasing: Subleasing the unit or accepting boarders without written consent (Section 9(a)).
• Need of Owner/Immediate Family Member: Legitimate need to repossess for personal use (Section 9(c)). This requires three (3) months advance formal notice, and the lease must have expired.
• Need for Repairs: Necessary repairs following a condemnation order (Section 9(d)). The tenant has the right of first refusal after repairs.
• Expiration of Lease Contract: When the specified lease term concludes (Section 9(e)).

2. Under the Civil Code (Article 1673)

For residential units with rent exceeding the caps (e.g., above PHP 10,000 in NCR), the Civil Code allows ejectment for:

• Expiration of the period fixed for the duration of the lease.
• Lack of payment of the price stipulated.
• Violation of any of the conditions agreed upon in the contract.

The Judicial Eviction Process

Step 1: Formal Demand Letter

The eviction process strictly begins with a formal, written Demand to Pay and Vacate. Under Rule 70, Section 2 of the Rules of Court, the landlord must provide the tenant at least fifteen (15) days (for residential units) to comply with the demand or vacate the premises before a court action can be commenced. Proof of receipt by the tenant is crucial for court documentation.

Step 2: Barangay Conciliation

If the landlord and tenant reside in the same city or municipality, Philippine law requires the dispute to undergo mediation at the barangay level (Katarungang Pambarangay) under the Local Government Code of 1991.

• If mediation fails, the Lupon Chairman issues a "Certificate to File Action" (CFA), which is a prerequisite for filing a court case.

Step 3: Filing the Unlawful Detainer Case

Within one year from the last demand letter, the landlord must file a complaint for Unlawful Detainer with the Metropolitan Trial Court (MeTC), Municipal Trial Court (MTC), or Municipal Circuit Trial Court (MCTC) having jurisdiction over the property. Under Rule 70, Section 1 and BP 129, these first-level courts exercise exclusive original jurisdiction over these cases regardless of the property value or rental amount.

Step 4: Summary Procedure

Unlawful Detainer cases are governed by the Rule on Summary Procedure, designed to expedite resolving possession disputes. Rather than lengthy trials, cases are often decided based on submitted position papers and affidavits.

Step 5: Execution of Judgment

If the court rules in favor of the landlord, it will issue a Writ of Execution. The landlord still cannot physically remove the tenant. Only a court-appointed sheriff has the authority to safely enforce the writ, physically remove the tenant if necessary, and padlock the premises.

See our Late FeesPreview unavailable guide to understand how penalties accrue before eviction proceedings begin.

Stay Compliant with Landager

A clear paper trail is vital if an eviction becomes necessary. Landager automatically logs all late payments, generates verifiable payment records, and ensures communications with tenants are centralized and timestamped, simplifying your documentation needs if you must issue a Demand to Vacate.

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