Aside from knowing the essential elements of a rental contract, tenants and landlords are also interested to know the law on tenant eviction in the Philippines. The rental law varies from country to country and with that being said, tenant eviction cannot take place if it does not coincide with the local law. More often than not, non-payment is the most common reason for tenant eviction but before a landlord can evict a tenant, certain obligations must also be taken into consideration. A landlord must ensure that the unit is habitable. The owner must also be compliant with health laws and building statutes.
A property owner or landlord cannot evict a tenant immediately without delivering three day notice. It is against the law to change the locks without the tenant’s consent. If the tenant’s eviction is due to non-payment and the tenant decides to pay the rent, then the problem has been resolved. However, if the tenant refuses to pay or leaves the property, the issue will be taken to court. For both parties, the process can be very expensive and time-consuming.
A landlord must also keep in mind that eviction does not happen in an instant. If the tenant fails to pay for three consecutive months, the landlord has the right to sue the tenant. The landlord needs to wait for the tenant’s response to a writ given by the court indicating abandonment. The police will be the one to evict a tenant under court order.
Aside from non-payment, a landlord has the right to evict a tenant for subleasing a property or unit without prior consent from the landlord. If the landlord decides to repair or use the unit, the tenant must also vacate the property at a given time. In theory, the tenant is given three month formal notice, which can be delivered by mail or handed personally to the tenant. If the property will only undergo repair, the tenant has the right to rent the property again. For condemned buildings or units, the landlord should give a fifteen day notice to the tenant to leave the unit.
While it can be frustrating to evict a tenant who refuses to pay rent after the grace period, the landlord should not take the matter into his own hands. Instead, call the police to evict the tenant to avoid facing serious consequences. Landlords are also encouraged to make the tenant leave the property voluntarily because taking the matter to court is costly and can take so much of your precious time.
