How to Legally Evict a Tenant in the Philippines: Step by Step
Direct answer: To legally evict a tenant in the Philippines, you must win an unlawful detainer (ejectment) case. Serve a written demand to pay or comply and to vacate, go through barangay conciliation if it applies, then file a verified complaint in the Municipal Trial Court where the property is, within one year. Only the sheriff, acting on a court writ, can remove the tenant.
This guide walks a landlord through the whole case, from the demand letter to the day the sheriff turns over the keys, and shows the tenant what to expect at each stage. If you still need to decide which case to file, read our comparison of forcible entry vs unlawful detainer first.
The ejectment case at a glance
- Right and rule: A lessor may judicially eject a lessee when the lease period expires, the rent is not paid, a lease condition is violated, or the unit is misused (Civil Code Art. 1673).
- Defense: Payment or consignation of rent, an implied new lease (Art. 1670), no valid demand, no barangay conciliation, or a late filing.
- Evidence: The lease, rent ledger and receipts, the demand letter with proof of service, and the barangay certification to file action.
- Deadline and forum: Within one year from the unlawful withholding of possession, in the Municipal Trial Court, Metropolitan Trial Court or Municipal Circuit Trial Court where the property is (Rule 70, Sec. 1; BP 129 Sec. 33(2), as amended by RA 7691).
- Next step: Serve a dated written demand today and keep proof that the tenant received it.
What are the legal grounds to evict a tenant?
Article 1673 of the Civil Code lists four causes: (1) the agreed period, or the period fixed by Articles 1682 and 1687 for leases with no fixed term, has expired; (2) lack of payment of the stipulated rent; (3) violation of any condition of the contract; and (4) using the property for a purpose not agreed that causes its deterioration, or not using it with the diligence of a good father of a family. Agricultural tenants are governed by special laws and are outside this guide.
If the unit is a low-rent residential unit covered by the Rent Control Act of 2009 (RA 9653), Section 9 controls the grounds instead. They include subleasing without the owner’s written consent, rent arrears totaling three months, the owner’s legitimate need to repossess the unit for the family’s own use (after a fixed lease expires, with three months’ formal notice), necessary repairs under a condemnation order, and expiry of the lease. Section 10 bars ejecting a tenant just because the property was sold or mortgaged. Whether a unit is still covered depends on the latest extension issued by the national housing authorities, so check with the Department of Human Settlements and Urban Development before relying on coverage either way.
What are the stages of an ejectment case?
The table below follows a typical unlawful detainer case under Rule 70 of the Rules of Court. The periods come from the rule text; actual calendars vary by court.
| Stage | What happens | Period under the rules | Legal basis |
|---|---|---|---|
| 1. Demand to vacate | Landlord demands payment or compliance and vacating | Tenant has 15 days (land) or 5 days (building) to comply | Rule 70, Sec. 2 |
| 2. Barangay conciliation | Mediation before the punong barangay, then the pangkat | 15 days mediation; 15 days pangkat, extendible by 15 | RA 7160, Secs. 410, 412 |
| 3. Filing the complaint | Verified complaint filed in the first-level court | Within one year of the unlawful withholding | Rule 70, Secs. 1, 4 |
| 4. Answer | Tenant files a verified answer with all defenses | 10 days from service of summons | Rule 70, Sec. 6 |
| 5. Preliminary conference | Settlement talks, stipulations, issues defined | Not later than 30 days after the last answer | Rule 70, Sec. 8 |
| 6. Affidavits and position papers | Both sides submit witness affidavits and evidence | 10 days from receipt of the conference order | Rule 70, Sec. 10 |
| 7. Judgment | Court decides possession, rent, fees and costs | 30 days after the position papers | Rule 70, Secs. 11, 17 |
| 8. Execution | Writ issued; sheriff demands that occupants vacate | 3 working days to leave peaceably | Rule 70, Sec. 19; Rule 39, Sec. 10(c) |
The Supreme Court’s Rules on Expedited Procedures in the First Level Courts (A.M. No. 08-8-7-SC, 2022) also govern summary procedure in first-level courts. We could not open the current text of those rules from the Supreme Court website for this update, so confirm the exact periods with the Office of the Clerk of Court when you file.
How do you evict a tenant, step by step?
Step 1: Serve a written demand to pay or comply and to vacate
Unless the lease says otherwise, a lessor may sue only after demanding that the lessee pay or comply with the lease conditions and vacate, and the lessee fails to comply within 15 days for land or 5 days for a building (Rule 70, Sec. 2). The rule also allows the written notice to be served on the person found on the premises. Our guide to the demand letter to pay and vacate covers what to write and how to prove service. Where the case rests only on expiry of the lease, a notice of non-renewal still matters because it blocks an implied new lease under Article 1670; see what to do when the lease has expired and the tenant refuses to leave.
Step 2: Go through barangay conciliation if it applies
If the landlord and tenant are individuals who actually reside in the same city or municipality, the dispute must first go to the Lupong Tagapamayapa (Local Government Code, Secs. 408 and 412(a)). Disputes over real property go to the barangay where the property is (Sec. 409(c)). Conciliation is not required where the parties reside in different cities or municipalities (unless their barangays adjoin and they agree), where the action is coupled with a provisional remedy such as a preliminary injunction, or where waiting would let the action prescribe (Secs. 408(f), 412(b)). While the complaint is pending at the barangay, the prescriptive period is interrupted for up to 60 days (Sec. 410(c)). If no settlement is reached, ask the lupon or pangkat secretary for the certification to file action. A complaint filed without required conciliation is dismissed without prejudice (Rule 70, Sec. 12).
Step 3: File a verified complaint in the right court
First-level courts have exclusive original jurisdiction over unlawful detainer, whatever the value of the property or the amount of unpaid rent (BP 129 Sec. 33(2), as amended by RA 7691; Rule 70, Sec. 3). File where the property is. The complaint must be verified (Rule 70, Sec. 4) and should state the lease, its terms, the ground, the date and manner of demand, the tenant’s refusal, the arrears or reasonable compensation claimed, and compliance with barangay conciliation. Attach the lease, the demand and proof of service, the rent ledger and the certification to file action. The court may dismiss a defective complaint outright; if not, it issues summons (Rule 70, Sec. 5). Ask the clerk of court for the current filing fees.
Step 4: Answer, preliminary conference and position papers
The tenant has 10 days from service of summons to file a verified answer; defenses not raised are waived except lack of jurisdiction (Rule 70, Sec. 6). If no answer is filed, the court renders judgment on the complaint (Sec. 7). A preliminary conference is held within 30 days after the last answer. A landlord who fails to appear risks dismissal of the complaint, and a sole defendant who fails to appear risks judgment (Sec. 8). Within 10 days of the conference order, both sides submit witness affidavits and position papers (Sec. 10). Affidavits must state only facts the witness personally knows (Sec. 14). There is usually no full trial.
Many motions are prohibited to keep the case fast, including a motion to dismiss (except for lack of jurisdiction or no barangay conciliation), a motion for extension of time, a motion for reconsideration of the judgment, a petition for relief from judgment, a reply, third-party complaints and interventions (Rule 70, Sec. 13).
Step 5: Judgment
If the landlord proves the case, the court orders restitution of the premises and payment of the arrears of rent or reasonable compensation for use and occupation, attorney’s fees and costs (Rule 70, Sec. 17). If the tenant raises ownership, the court decides it only to resolve possession, and the judgment does not bind title (Secs. 16 and 18).
Step 6: Execution and the sheriff
A judgment against the tenant is immediately executory on the landlord’s motion. Execution is stayed only if the tenant perfects an appeal, posts a supersedeas bond approved by the trial court, and deposits the rent (or the reasonable value of use fixed in the judgment) with the appellate court on or before the tenth day of each month (Rule 70, Sec. 19). If the tenant misses a deposit, the Regional Trial Court orders execution on the landlord’s motion. Under Rule 39, Sec. 10(c), the sheriff demands that the tenant and everyone claiming under them vacate within three working days; if they do not, the sheriff removes them, with police help if necessary, and puts the landlord in possession. Structures built by the tenant can be demolished only on a special court order after a hearing (Rule 39, Sec. 10(d)).
Step 7: Appeal, if either side appeals
An appeal goes to the Regional Trial Court by notice of appeal filed within 15 days of notice of the judgment (Rule 70, Sec. 18; Rule 40, Sec. 2). The appellant must file a memorandum within 15 days of notice from the RTC, or the appeal may be dismissed (Rule 40, Sec. 7). On the landlord’s motion within 10 days of perfection of the appeal, the RTC may restore the landlord to possession by preliminary mandatory injunction if the tenant’s appeal is frivolous or dilatory (Rule 70, Sec. 20). An RTC judgment against the tenant is immediately executory even if further appealed (Sec. 21).
What must a landlord never do?
Do not padlock the unit, cut water or electricity, remove the tenant’s belongings or move in by force. Article 536 of the Civil Code says possession cannot be taken by force while a possessor objects, and whoever claims a right to the property must go to court. Self-help can expose the landlord to a forcible entry case, damages and criminal complaints. Read whether a tenant can be evicted without a court order before you act.
What can the tenant argue?
| Tenant’s defense | What the tenant must show | Landlord’s answer |
|---|---|---|
| Rent was paid or consigned | Receipts, or deposit after the landlord refused payment (Arts. 1256, 1258; RA 9653 Sec. 9) | Ledger showing unpaid months and no valid tender |
| No valid demand | No written demand, or suit filed before 15 or 5 days lapsed | Dated demand with proof of service and filing date |
| Implied new lease | Stayed 15 days after expiry with landlord’s acquiescence (Art. 1670) | Notice to vacate served before or at expiry |
| No barangay conciliation | Both parties reside in the same city or municipality | Certification to file action, or an exception under Sec. 412(b) |
| Filed too late | More than one year since the unlawful withholding began | Last demand date within the one-year window |
| Useful improvements | Good-faith improvements suited to the lease (Art. 1678) | Pay one-half of their value, or let the tenant remove them |
Tenants who stopped paying because the landlord failed to make necessary repairs should keep their written repair requests; our guide on who pays for repairs explains the lessor’s duties. For a tenant behind on rent, what happens when a tenant stops paying covers consignation and payment plans.
Your options and what to do next
If you are the landlord
- Negotiate a move-out first. A signed move-out agreement with a firm date and deposit settlement is often faster and cheaper than a case. Keep it in writing.
- Serve the demand. Personally with a witness and signed acknowledgment, or by registered mail or courier. Calendar the 15-day (land) or 5-day (building) period.
- File at the barangay where the property is, if both of you are individuals residing in the same city or municipality. Bring the lease, demand, proof of service and rent records. Get the certification to file action if talks fail.
- File unlawful detainer in the first-level court where the property is, well within one year of the demand. Hire a lawyer, or ask the Public Attorney’s Office or an IBP legal aid office whether you qualify for free help.
- Attend the preliminary conference and file affidavits and position papers on time; missing the conference can get your case dismissed.
- Move for execution once judgment is in your favor, and let the sheriff carry out the writ.
If you are the tenant
- Reply to the demand in writing with a payment plan or your reason for staying, and keep every receipt.
- If the landlord refuses your rent, deposit it by consignation (Civil Code Arts. 1256 and 1258; for covered units, RA 9653 Sec. 9 allows deposit in court, with the treasurer, the barangay chairman or a bank within one month of the refusal).
- Attend the barangay hearing. A settlement there is written and signed (RA 7160, Sec. 411).
- If sued, file a verified answer within 10 days of summons and raise every defense; ask PAO for help at once.
- If you lose and appeal, post the supersedeas bond and pay the monthly deposits on time, or execution will proceed.
Documents checklist
- Lease contract and any renewal or amendment
- Title, tax declaration or proof of authority to lease
- Rent ledger, official receipts and bank records
- Demand letter with registry receipt, return card, courier tracking or signed acknowledgment
- Barangay complaint, minutes and certification to file action
- Photos of the unit and records of unpaid utilities or damage
- IDs of the parties and addresses for service of summons
First action: Landlords should send a dated written demand to pay or comply and vacate today and file the barangay complaint once the 15- or 5-day period lapses. Tenants should answer the demand in writing and gather proof of every payment.
Key takeaways
- Eviction happens only through an unlawful detainer judgment and a sheriff’s writ, never by self-help.
- The demand to pay or comply and vacate, with its 15-day (land) or 5-day (building) wait, comes first.
- Barangay conciliation is required when both parties are individuals residing in the same city or municipality.
- File in the MTC, MeTC or MCTC where the property is, within one year.
- The tenant answers within 10 days; the case runs on affidavits and position papers.
- Judgment is immediately executory unless the tenant appeals, posts a supersedeas bond and keeps paying monthly deposits.
Frequently asked questions
How long does an ejectment case take?
Rule 70 sets short periods: 10 days to answer, a preliminary conference within 30 days of the last answer, 10 days for position papers and 30 days for judgment. Barangay conciliation can add up to about 45 days (RA 7160, Sec. 410). Actual time depends on the court’s docket, service of summons and any appeal.
Can I evict a tenant for not paying rent for one month?
Under Civil Code Art. 1673, non-payment of the stipulated rent is a ground, after a proper demand. For a unit covered by the Rent Control Act, RA 9653 Sec. 9 requires arrears totaling three months. Check whether your unit is still covered under the current housing-agency extension.
Do I need a lawyer to file an ejectment case?
Ejectment is not a small claims case, and its pleadings must be verified and follow Rule 70. A lawyer is strongly advisable. If you cannot afford one, ask the Public Attorney’s Office or an IBP legal aid office whether you qualify.
Can the tenant stop the eviction by appealing?
Only by perfecting the appeal, filing a supersedeas bond and depositing the rent or reasonable compensation each month on or before the tenth day (Rule 70, Sec. 19). If a deposit is missed, the RTC orders execution on the landlord’s motion.
What if more than one year has passed since my demand?
Unlawful detainer is no longer available. You would need an accion publiciana (recovery of the better right to possess) or accion reivindicatoria (recovery of ownership), filed in the MTC or RTC depending on the property’s assessed value. Both take longer, so file ejectment early.
Related guides: lease law and landlord and tenant rights, choosing between forcible entry and unlawful detainer, and resolving everyday civil disputes.
Sources
- Civil Code of the Philippines (RA 386), Arts. 536, 1256, 1258, 1670, 1673, 1678, 1687 — LawPhil
- Rules of Court, Rule 39 Sec. 10, Rule 40 Secs. 2 and 7, Rule 70 Secs. 1–21 — LawPhil
- Republic Act No. 7691, amending BP 129 Sec. 33(2) — LawPhil
- Local Government Code (RA 7160), Secs. 408–412 (Katarungang Pambarangay) — LawPhil
- Rent Control Act of 2009 (RA 9653), Secs. 5, 6, 9, 10, 12 — LawPhil
- Department of Human Settlements and Urban Development (current rent control coverage)
- Supreme Court of the Philippines (Rules on Expedited Procedures in the First Level Courts)
Sources rechecked as of: October 10, 2026
This article is general legal information, not legal advice. For your own situation, consult a Philippine lawyer or the Public Attorney’s Office.