Residential apartment buildings in the Philippines, where landlords serve a demand to pay and vacate on non-paying tenants

Demand Letter to Pay and Vacate in the Philippines: Rules and Timeline

ByCivilLaw.PH Editorial Team

Direct answer: In the Philippines, a landlord cannot sue a non-paying tenant for unlawful detainer until a written demand to pay the unpaid rent and to vacate has been served and the tenant fails to comply within 5 days (for a house or apartment) or 15 days (for land). The demand is a jurisdictional requirement under Rule 70, Section 2 of the Rules of Court. The case is then filed in the MTC or MeTC within one year, after barangay conciliation if both parties are individuals in the same city or municipality.

Key takeaways

  • The letter must demand two things: payment of the arrears and surrender of the unit. A letter that only asks for payment does not start an ejectment case.[2][9][10]
  • For an apartment or house, wait at least 5 days after the tenant receives the demand; for vacant land, 15 days. Counting starts from receipt, not from the date printed on the letter.[2][10]
  • Proof of service matters as much as the letter. Keep the signed receiving copy, registry return card or postmaster certification, or proof of posting.[2][11]
  • If the unit rents for ₱10,000 a month or less, the Rent Control Act applies through December 31, 2026, and arrears must total three months before non-payment becomes a ground for ejectment.[4][5]
  • Barangay conciliation comes first only when landlord and tenant are both natural persons living in the same city or municipality (or adjoining barangays of different ones). A corporate landlord goes straight to court.[6][12]
  • Never padlock, cut utilities or remove belongings. Self-help can lead to damages and a grave coercion complaint.[1][8]

This guide covers one step: the demand that turns unpaid rent into a fileable ejectment case. For the wider picture, read what happens if a tenant stops paying rent first.

Authority What it says How it applies here
Civil Code Arts. 1657 and 1673[1] The lessee must pay the agreed rent; the lessor may judicially eject for non-payment. Non-payment is a ground, but the remedy is judicial ejectment.
Rule 70, Sec. 1[2] A lessor may sue a lessee who unlawfully withholds possession within one year after the withholding. The case must be filed within one year from the tenant’s failure to comply with the demand.
Rule 70, Sec. 2[2] Unless otherwise stipulated, suit starts only after a demand to pay and vacate, and non-compliance within 15 days (land) or 5 days (buildings). This is the rule your letter must satisfy.
Rule 70, Secs. 3 and 19[2]; Rules on Expedited Procedures (A.M. No. 08-8-7-SC)[3] Summary procedure; judgment is immediately executory unless the tenant appeals, posts a supersedeas bond and deposits monthly rent. Faster than an ordinary civil case.
RA 9653, Secs. 7 and 9[4]; NHSB Res. No. 2024-01[5] For covered units, arrears totaling three months is a ground for ejectment; advance rent is capped at one month and deposit at two months. Applies if monthly rent is ₱10,000 or less, through December 31, 2026.
RA 7160, Secs. 408–412[6] Disputes between individuals in the same city or municipality go to the Lupon first. Decides whether you need a Certificate to File Action.
BP 129, Sec. 33[7] First-level courts have exclusive original jurisdiction over forcible entry and unlawful detainer. File in the MTC, MTCC, MCTC or MeTC where the unit is located, never the RTC.

What the demand letter must say

The Supreme Court has treated the Rule 70 demand as jurisdictional in non-payment cases. In Limbauan v. Acosta, the Court required both a failure to pay and a prior demand to pay and to vacate.[10] In Lanuza v. Muñoz, it explained that this demand requirement applies when the suit rests on failure to pay rent or to comply with the lease.[9]

Element Why it is needed
Exact amount due, broken down by month Shows the default and frames the arrears claim
Clear demand to pay the arrears First half of the Rule 70 demand
Clear demand to vacate and surrender the unit Second half; without it the tenant is not yet withholding possession unlawfully
Compliance period of at least 5 days (building) or 15 days (land) from receipt Rule 70, Sec. 2
Statement that you will file unlawful detainer and claim arrears, reasonable compensation, and attorney’s fees Puts the tenant on notice of the remedy
Landlord’s signature and date Authenticates the demand

If your letter gives a shorter period by mistake, the case is not lost. In Limbauan, the letter gave only 5 days on a land lease, but the Court upheld the case because more than 15 days had actually passed before filing.[10] Still, state the correct period.

Two limits on the rule are worth checking before you draft. First, Section 2 opens with “unless otherwise stipulated,” so read the lease: it may set a different demand or notice arrangement, and a court will look at that clause.[2] Second, the pay-and-vacate demand belongs to cases based on unpaid rent or a violated lease condition. Where the landlord’s case rests only on the expiration of the lease term, Lanuza holds that this Section 2 demand is not a prerequisite, although a notice to vacate is still the practical way to show that the tenant’s continued stay is unlawful.[9]

The demand also puts the tenant in default, so arrears earn legal interest from then under Art. 2209.[1]

Serving the demand and proving receipt

Rule 70, Sec. 2 allows three ways: serve the demand on the lessee, serve written notice on the person found on the premises, or post the notice on the premises if no one is there.[2] Registered mail is widely used. In Orencia v. Vda. de Ranin, a postmaster’s certification that the tenants received the mailed demand outweighed their bare denial.[11]

Method Proof to keep Risk
Personal delivery to the tenant Receiving copy with name, signature, date and time; a witness who can execute an affidavit Tenant refuses to sign; have the witness note the refusal
Delivery to an adult found in the unit Receiving copy plus the person’s name and relationship to the tenant Tenant claims the person was a stranger
Registered mail with return card Registry receipt, registry return card, or postmaster certification Unclaimed mail; serve personally as backup
Posting on the door Dated photos, witness affidavit Use only when no one is found on the premises

Rent-controlled units: the three-month rule

Under NHSB Resolution No. 2024-01, rent control continues for residential units renting at ₱10,000 or less per month until December 31, 2026. Increases were capped at 2.3% for 2025 and 1% for 2026 for the same tenant.[5] For these units, RA 9653 lists “arrears in payment of rent for a total of three (3) months” as the non-payment ground for judicial ejectment.[4] One missed month is a breach, not yet an ejectment ground under the Act.

RA 9653 also lets a tenant whose payment is refused deposit the rent with the court, treasurer, barangay chairman or a bank. Check for such deposits before sending a demand. See tender of payment and consignation. Planning an increase too? Read whether a landlord can increase rent during the lease first.

Barangay first or straight to court?

Katarungang Pambarangay covers disputes between natural persons who actually reside in the same city or municipality, and between residents of adjoining barangays of different cities or municipalities if they agree.[6] It does not cover a party that is a corporation or other juridical person, or parties living in non-adjoining barangays of different cities.

Landlord Tenant Barangay needed?
Individual living in Quezon City Individual renting in Quezon City Yes, Certificate to File Action required
Individual living in Cebu City Individual renting in Pasig No, different and non-adjoining cities
Corporation or partnership Individual No

In Lumbuan v. Ronquillo, an unlawful detainer case, the Court found substantial compliance where the parties met before the Barangay Chairman and a Certificate to File Action issued, even without a pangkat.[12] Do not rely on that leniency; skipping a required conciliation invites dismissal and delay.

Worked example

Facts. Marites Reyes leases a studio in Barangay Pinyahan, Quezon City to Jonel Santos at ₱12,000 a month, due every 5th. Both live in Quezon City. Jonel pays nothing for June, July and August 2026. Arrears: ₱36,000. The lease does not allow the deposit to be applied to rent.

Rent control? No; rent exceeds ₱10,000, so the three-month rule does not apply.

Demand. On August 10, 2026, Marites personally delivers a letter demanding ₱36,000 and surrender of the studio within 5 days. Jonel refuses to sign; Marites’s sister witnesses the refusal, and Marites also sends a copy by registered mail.

Deadline. The 5-day period ends August 15, 2026. From August 16, Jonel is unlawfully withholding possession. The one-year period under Rule 70, Sec. 1 runs to about August 15, 2027.

Barangay. Both are natural persons in Quezon City, so Marites files a complaint with the Lupon of the barangay where the unit is. No settlement; a Certificate to File Action issues.

Court. Marites files unlawful detainer in the Quezon City MeTC, claiming the ₱36,000, reasonable compensation of ₱12,000 per month until Jonel leaves, and attorney’s fees. If the MeTC rules for her and Jonel appeals, he must post a supersedeas bond and deposit ₱12,000 each month to stop execution.[2]

Step-by-step process

  1. Compute arrears. Landlord. List unpaid months and partial payments; check RA 9653 coverage. No fee.
  2. Draft the demand to pay and vacate. Landlord or counsel. Include every element in the table above. Lawyer’s fees vary.
  3. Serve and document receipt. Landlord, a witness, or registered mail at the post office. Keep proof. Postage: check current rates with PHLPost.
  4. Wait out the period. 5 days for buildings, 15 days for land, counted from receipt.[2][10]
  5. Barangay conciliation, if it applies. File with the Lupon of the barangay where the property is. Check current fees with the barangay hall. Secure the Certificate to File Action.
  6. File the complaint for unlawful detainer. MTC, MTCC, MCTC or MeTC where the unit is located, within one year from the tenant’s failure to comply. Check current docket fees with the Office of the Clerk of Court.
  7. Summary procedure. Court issues summons; the tenant answers; preliminary conference; position papers; judgment. Most motions to dismiss and postponements are prohibited.[2][3]
  8. Execution. Ask for a writ of execution if the tenant does not appeal or fails to post the bond and monthly deposits.[2] The sheriff, not the landlord, enforces the writ.

Documents to prepare

  • Written lease contract, or proof of the verbal lease (receipts, messages showing agreed rent)
  • TCT, CCT, tax declaration or authority from the owner, if you are a sub-lessor or administrator
  • Statement of account showing each unpaid month
  • Past official or acknowledgment receipts
  • Signed demand letter and proof of service (receiving copy, registry receipt and return card, photos of posting)
  • Affidavit of the person who served the letter
  • Certificate to File Action, if barangay conciliation applies
  • SPA or board resolution, if someone files for the owner

Common mistakes

  • Demanding only payment. A collection letter is not a Rule 70 demand. Add the demand to vacate.[9][10]
  • Filing too early. Count from receipt. A complaint filed on day 4 for an apartment can be dismissed.
  • No proof of receipt. A letter you cannot prove was received is close to no letter at all.
  • Accepting partial payment silently. Put in writing that acceptance does not waive the demand to vacate, or send a fresh demand.
  • Applying the deposit to rent on your own. Unless the lease says so, the deposit secures damage and unpaid obligations at the end of the lease. See security deposit rules.
  • Self-help eviction. Art. 536 bars taking possession by force or intimidation while a possessor objects; the landlord must go to court.[1] Art. 429 self-defense of property does not cover removing a tenant who entered lawfully. Padlocking or cutting power can lead to a grave coercion complaint under RPC Art. 286.[8] See can a tenant be evicted without a court order.
  • Missing the one-year window. After one year, you are left with the slower accion publiciana.

Frequently asked questions

Is a demand letter required before filing an ejectment case for unpaid rent?

Yes. Rule 70, Section 2 says a lessor’s action for non-payment starts only after a demand to pay and to vacate, and the tenant fails to comply within 15 days for land or 5 days for buildings. The Supreme Court treats this prior demand as jurisdictional. A complaint filed without it, or before the period lapses, is vulnerable to dismissal.

Can I send the demand to pay and vacate by text or Messenger?

Rule 70 names personal service on the lessee, service on a person found on the premises, and posting when no one is there. Registered mail with proof of receipt has also been accepted. A text or Messenger message can support your case as evidence the tenant knew of the demand, but serve a signed paper letter by a recognized method as well.

How many days must I give a tenant in an apartment?

At least five days from the tenant’s receipt of the demand, because an apartment is a building. For a lease of bare land, the period is fifteen days. You may give more time. If you accidentally state fewer days, the Supreme Court has looked at whether the full period actually passed before the case was filed.

Do I need to go to the barangay first?

Only if you and the tenant are both natural persons residing in the same city or municipality, or in adjoining barangays of different cities or municipalities and you agree to conciliate. If the landlord is a corporation, or the parties live in non-adjoining cities, barangay conciliation does not apply and you may file directly in court.

Can I evict a rent-controlled tenant after one missed month?

Not on the ground of non-payment under RA 9653. For units renting at ₱10,000 or less a month, the Act requires arrears totaling three months. Rent control under NHSB Resolution No. 2024-01 runs through December 31, 2026. Check whether the tenant has deposited the rent with the court, treasurer, barangay or a bank.

Can I recover the unpaid rent in the same ejectment case?

Yes. Rule 70 lets the court award arrears of rent or reasonable compensation for use and occupation, plus attorney’s fees and costs, together with restitution of the premises. You do not need a separate collection or small claims case for the same arrears, and filing both risks splitting your cause of action.

What to do next

If you are the landlord

  1. Compute arrears month by month and check whether rent is ₱10,000 or less.
  2. Decide whether barangay conciliation applies based on who the parties are and where they reside.
  3. Serve the demand to pay and vacate by a Rule 70 method and keep proof of receipt.
  4. Calendar the 5-day or 15-day period and the one-year filing deadline.
  5. If the lease has already expired rather than being breached, read lease expired but tenant refuses to leave, because the demand works differently.

If you are the tenant who received the demand

  • Check the letter. Note the date you actually received it, whether it demands both payment and surrender of the unit, and whether the amount matches your receipts.[2][10]
  • If you can pay, pay within the period and get an official or acknowledgment receipt. If the landlord refuses a proper payment, keep the money available and use consignation; for a rent-controlled unit, RA 9653 lets you deposit the rent with the court, the city or municipal treasurer, the barangay chairman or a bank in the landlord’s name, with notice to the landlord.[4]
  • If you withheld rent for a reason, such as the landlord’s failure to make necessary repairs, reply in writing and attach your proof; see what happens if a tenant stops paying rent for the tenant’s side.
  • Attend the barangay hearing if you are summoned, and bring your receipts and messages. A payment schedule agreed there is put in writing.[6]
  • If you are sued, file a verified answer within ten days from service of summons; defenses not raised in it are generally waived.[2] The Public Attorney’s Office can tell you whether you qualify for free representation.

First action today: landlords should compute the arrears and prepare a signed demand to pay and vacate with a plan for proving receipt; tenants should write down the date they received the demand and gather every rent receipt and message about payment.

Preparing your demand to pay and vacate. Include the parties’ full names and addresses; unit address and lease date; monthly rent and due date; a month-by-month table of arrears and the total; a demand to pay that total; a separate demand to vacate; the compliance period (5 days for a building, 15 for land) from receipt; notice that unlawful detainer will follow; the date; and the landlord’s signature. Prepare three copies. Notarization is not required for the demand itself, but the complaint, verification and certification against forum shopping you file later must comply with court and notarial rules.

Statutes and rules

  • [1] Civil Code of the Philippines (Republic Act No. 386), Arts. 429, 536, 1657, 1673 and 2209. Lawphil
  • [2] 1997 Rules of Civil Procedure, Rule 70 (Forcible Entry and Unlawful Detainer), Secs. 1, 2, 3, 4, 6, 13, 17 and 19. Lawphil
  • [3] Rules on Expedited Procedures in the First Level Courts, A.M. No. 08-8-7-SC, effective April 11, 2022 (Rule on Summary Procedure covering ejectment). Supreme Court of the Philippines.
  • [4] Rent Control Act of 2009 (Republic Act No. 9653), Secs. 7, 9 and 10. Lawphil
  • [5] National Human Settlements Board Resolution No. 2024-01 (rent control for 2025–2026), as reported by the Philippine Information Agency, January 6, 2025
  • [6] Local Government Code of 1991 (Republic Act No. 7160), Secs. 408–412. Lawphil
  • [7] Judiciary Reorganization Act of 1980 (Batas Pambansa Blg. 129), Sec. 33, as amended. Lawphil
  • [8] Revised Penal Code (Act No. 3815), Art. 286 (Grave coercions). Lawphil

Supreme Court decisions

  • [9] Lanuza v. Muñoz, G.R. No. 147372, May 27, 2004. Lawphil
  • [10] Limbauan v. Acosta, G.R. No. 148606, June 30, 2008. Lawphil
  • [11] Spouses Orencia v. Vda. de Ranin, G.R. No. 190143, August 10, 2016. Lawphil
  • [12] Lumbuan v. Ronquillo, G.R. No. 155713, May 5, 2006. Lawphil

Sources rechecked as of: October 5, 2026

This is general legal information, not legal advice. CivilLaw.ph is independent and is not a government agency, court or law firm. For advice on a specific lease dispute, consult a lawyer or the Public Attorney’s Office.