A Tenant’s Guide To Eviction Law In The Philippines (2024)

FAQs

A Tenant’s Guide To Eviction Law In The Philippines? ›

Three day notice

The Rent Control Act requires the landlord to give the tenant a notice to vacate the premises. This notice period varies depending on the terms of the rental agreement but is usually set at a minimum of 15 days for non-payment of rent.

Tenants under properties covered by the Rent Control Act enjoy specific rights, including protection against unwarranted eviction and unreasonable rent increases. However, they are also obliged to comply with rent payment schedules and other responsibilities outlined in their rental agreement.

It involves serving the tenant with a notice to vacate, usually in writing. If the tenant fails to comply, the next step is to file an ejectment case in court. In the case of illegal settlers, a barangay-level negotiation is often the first step, followed by legal proceedings if an amicable settlement is not reached.

Republic Act No. No. 9653, known as the Rent Control Act of 2009, declares the State's continuing program of encouraging the development of affordable housing to protect housing tenants in the lower-income brackets and other beneficiaries from unreasonable rent increases.

Under the Civil Code, particularly Articles 1673 and 1677, various grounds for ejectment exist such as expiration of lease term, violation of contract stipulations, and failure to pay rent.

Considerations for Tenants

Tenants who are in arrears should communicate openly with their landlords. Failure to pay rent not only breaches the lease agreement but could also result in eviction and a damaged credit history.

If there's no response or an unsatisfactory response, file a complaint at your Barangay's office. Bring all evidence and any witnesses who can attest to your tenancy and payments. The Barangay will typically set a date for a hearing or mediation between you and your landlady.

Rent will increase by four percent this 2024 under the Rent Control Act, according to the Department of Human Settlements and Urban Development (DHSUD). The four percent increase applies only to tenants who pay rent of P10,000 and below. This adjustment covers residential units, dormitories, and bed spaces.

Landlords in the Philippines are generally responsible for certain maintenance requests and types of repairs and maintenance in a rental property. These responsibilities include: Structural Repairs: Landlords are responsible for maintaining the structural integrity of the property.

How long does it take to evict a tenant in the Philippines? ›

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.

Can squatters claim ownership in the Philippines? They can if they purchase the lot. By definition, a squatter is “one who settles on the land of another without title or right or without the owner's consent whether in urban or rural areas.”

772 criminalizing the practice of squatting in a sweeping manner was repealed in 1997 by Republic Act No. 8368 providing only an exemption in cases of professional squatters and squatting syndicates consistent with the provisions of Republic Act No. 7279 or the Urban Development and Housing Act of 1992 (UDHA).

Yes, the owner/lessor may offer a rent-to-own agreement to the tenant, evidenced by a written agreement, which shall eventually transfer ownership of the property to the latter. A lease under a rent-to-own scheme is not covered by the Rent Control Act, thus the parties can agree on the monthly rent.

Security Deposits in Rental Agreements: The Legal Framework in the Philippines. One of the most common concerns in landlord-tenant relationships is the issue of security deposits. This is a sum of money, usually equivalent to one or two months' rent, collected by the landlord at the onset of a lease.

Barangay Conciliation: Before filing an ejectment case, parties are required to undergo conciliation proceedings at the Barangay level, as mandated by the Local Government Code. Filing in Court: If the Barangay conciliation fails, the complainant can then file the case before the appropriate Municipal Trial Court.

Assassin. In the assassin gamemode, one player will be chosen as the assassin at the beginning of the game, the innocent players will have to try figure out who the assassin is by the chosen player guessing who has placed a strike on them that round, this happens before votes to evict one of the nominees start.