Dear Atty. Peachy,
We are currently renting a house for P15,000 per month, with a total advance and down payment of P30,000. We have been leasing this house for three years, and our most recent renewal extends until 21 April 2024. Recently, we were taken aback when the owner approached us, stating that we need to vacate the property because his daughter and her family require a place to stay. Given that this is a rental property, are we obligated to leave for his daughter who needs accommodation in Metro Manila? Is this how the process works?
We hope you can shed light on our rights as tenants. Thank you!
Tony
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Dear Tony,
Thank you for your inquiry regarding your rental situation. Understanding your rights and obligations as a tenant under Philippine law, particularly the Rent Control Act (Republic Act 9653), is essential.
Under this law, a landlord cannot forcibly evict a tenant without a justifiable reason and proper notice. The Rent Control Act outlines specific grounds for terminating a lease agreement, which include:
1. Subletting: The tenant has rented out the property to someone else without the landlord’s consent.
2. Non-Payment of Rent: The tenant has not paid rent for at least three months.
3. Major Repairs: The landlord requires significant repairs or improvements that cannot be undertaken while the tenant is residing in the property.
4. Personal Use: The landlord or an immediate family member needs to occupy the property.
While a landlord may reclaim the property for personal use, eviction should only occur after a fixed lease contract has expired. Additionally, the landlord is required to provide a formal written notice at least three months or 90 days prior to the intended eviction date. This notice allows the tenant ample time to find alternative accommodation. It is important to note that verbal communication from the landlord is insufficient should the situation escalate to legal proceedings; a written notice must be properly served.
Atty. Peachy Selda-Gregorio