Demand Letter to Pay and Vacate in the Philippines: Rules and Timeline
How to write and serve a valid demand to pay and vacate before filing unlawful detainer against a non-paying tenant in the Philippines.
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Lease Law in the Philippines: What a Lease Must Include, Short vs Long-Term Leases, and Landlord and Tenant Rights
The core rules on leasing property in the Philippines: what a lease agreement should contain, how short-term and long-term leases differ, and how the Civil Code and the Rent Control Act protect landlords and tenants.
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Lease Expired but Tenant Refuses to Leave: What Can the Landlord Do?
When a fixed-term lease ends, the tenant’s right to stay ends with it, and the landlord can recover the property through an unlawful detainer (ejectment) case in the Municipal Trial Court, not by force. Before filing, send a written notice to vacate, check that the lease was not impliedly renewed, and go through barangay conciliation…
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Can a Tenant Be Evicted Without a Court Order?
No. A Philippine landlord cannot lawfully force out a tenant who refuses to leave without going to court. Article 536 of the Civil Code says a person who believes they have a right to take a thing from its holder “must invoke the aid of the competent court” if the holder refuses to give it…
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Who Pays for Repairs: Landlord or Tenant?
Quick answer: The landlord is generally responsible for necessary repairs that keep the leased property suitable for its intended use, unless the lease validly provides otherwise. The tenant is responsible for using the property with proper care and may be liable for damage caused by misuse or negligence. The landlord’s general duty Article 1654 of…
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Can a Landlord Enter the Property Without Permission?
Generally, no. While a lease is running, the tenant is the lawful possessor of the unit, and the landlord must “maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract” (Civil Code, Art. 1654(3)). A landlord may enter with the tenant’s consent, as the lease allows,…
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Can a Landlord Increase Rent During the Lease?
Quick answer: Generally, no. In the Philippines, a landlord cannot raise the rent in the middle of a lease on their own unless the lease itself allows it, because a contract “has the force of law between the contracting parties” and its compliance “cannot be left to the will of one of them” (Civil Code,…
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Security Deposit Rules in the Philippines: Return and Deductions
When must a security deposit be returned and what can a landlord deduct? Philippine rules on RA 9653 limits, wear and tear, interest and refund disputes.
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What Happens if a Tenant Stops Paying Rent?
Quick answer: Nonpayment of rent can support termination and judicial ejectment, but the landlord should document the arrears, make the required demand, and use the proper legal process. The exact rules depend on the lease and whether the residential unit is covered by current rent-control regulation. Nonpayment is a recognized ground for ejectment Article 1673…
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Can a Tenant Leave Before the Lease Ends?
A tenant can physically leave before a fixed-term lease ends, but leaving does not automatically erase the tenant’s contractual obligations. Whether rent remains due, the deposit may be applied, or damages may be claimed depends on the lease, the reason for leaving, and whether the landlord also breached the lease. Who is ending the lease?…
