Leasing or Renting a Philippine Property? What You Need to Know About Grounds for Eviction

Are you one of the millions of tenants in the Philippines with no clue as to what reasons your landlady/lessor can and will state to evict you from said property?  Here’s a review:

1. Under the civil code (when Philippine Property is not subject to rent control)
   1. You can and will be evicted for non-payment even for 1 month
   2. If the period of lease or rental has expired
   3. If you violate any of the provisions in the contract (this is a no-brainer, even other legal contracts follow this rule. One example is, if your contract states you cannot have a pet in the vicinity and you still obtained a pet, your landlady or lessor can eject you)
   4. Misuse of property
2. Under the Rent Control Law (when Philippine Property is subject to rent control)
   1. If you sublease the property without the written consent of the lessor. To be clear, for example you lease an apartment, and you rent out certain rooms in your apartment, without permission of the lessor, you can and will be subject to eviction
   2. Nonpayment of rental for 3 months
   3. If the owner or immediate family member has to use the property for resident, but provided that
      • The lease has expired
      • 3 months notice has been given to the lessee/tenant
      • The owner or immediate member has no other house/dwelling
      • The lessor or immediate member of the family will live in the premises for at least one year and lessor shall not lease the unit or allow 3^rd party use for 1 year from time  of repossession
   4. Repair of unit due to existing condemnation of the property by appropriate authority
      • After said repair, the lessee ejected has first preference to lease the same property
      • New rate shall be commensurate to the expenses for repair of the unit
      • If the unit is completely demolished, first provision shall no longer be valid
   5. Expiration of the period of lease contract
   6. As lessee, you cannot be evicted just because the Philippine property has been sold or mortgaged to a 3^rd person regardless whether the lease or mortgage is registered or not.
   7. Certain penalties will be imposed on individuals found guilty of violating acts of not less than P25,000 or more than P50,000, or imprisonment of not less than 1 month and 1 day to not more than 6 months.

It pays to know your rights, as well as responsibilities and obligations of your landlady/lessor. Before signing a contract with your lessor, read the fine print very carefully. Determine too if the Philippine property you’re renting is under the Rent Control Act of 2009, or not.