Dear Atty. Peachy,
I hope you can assist me with an issue I am facing as a landlord of a small apartment I rent out in Quezon City. I have been leasing this property for over five years, and for the most part, everything went smoothly. However, my current tenant, who has been renting from me for the past two years, has not been paying rent for the last three months.
Initially, I tried to reach out to him to see if he was facing any difficulties and encouraged him to communicate. He assured me that he just had some temporary financial issues and promised payments. Unfortunately, despite his reassurances, the rent has not been forthcoming, and now I am starting to feel quite frustrated.
I am considering filing for eviction, but I am unsure of the legal process here in the Philippines. What steps should I take to legally evict him? What rights do I have, and what are the tenant’s rights in this situation?
Thank you for your time and assistance. I appreciate any guidance you can provide.
Antonio
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Dear Antonio,
Thank you for reaching out regarding your situation as a landlord. Dealing with a non-paying tenant can be quite challenging, especially when you have been trying to approach the matter with empathy. Let us break down your rights and the proper steps to take under Philippine law.
Under the Republic Act 9653, known as the Rent Control Act, landlords have the right to evict tenants for certain justifiable reasons, including non-payment of rent. In your case, since your tenant has failed to pay rent for the past three months, you have grounds for eviction. However, the process needs to be followed strictly to ensure compliance with the law.
First and foremost, you should send a formal demand letter to your tenant regarding the unpaid rent. Make sure this letter specifies the amount owed and provides a reasonable timeframe (usually 10 days) for payment. Retain a copy for your records. Keep a record of all communication with your tenant, including the demand letter and lease agreement. This documentation will be crucial if you move forward with eviction. Review the lease agreement thoroughly for any specific clauses regarding eviction, late payments, or procedures to follow. Ensure that you comply with any required procedures laid out in the agreement.
If the tenant does not respond or pay after your demand for rent, you can file an ejectment case in the appropriate Metropolitan Trial Court or Municipal Trial Court in your area. The procedure involves submitting a verified complaint along with the evidence you have collected.
Be aware that your tenant has rights as well. If he disputes the eviction, he may file an answer. In this case, it is crucial to prepare for potential mediation or hearings where both parties present their sides.
If the court rules in your favor, you will obtain a decision allowing you to evict the tenant. However, actual eviction must be carried out by local authorities, as self-help eviction (removing the tenant without court process) can lead to legal problems for you. Be sure to comply with all requirements throughout this process, as improper handling could lead to complications and delays.
I hope this guidance helps you understand your rights and the steps you can take. Please don’t hesitate to reach out if you have more questions or need further clarifications.
Atty. Peachy Selda-Gregorio