Broker Carla, My Tenant Stopped Paying and Won’t Leave. How Do I Evict Them Legally?

By Carla Calleja, MBA, REB

Isa sa pinakamadalas itanong sa akin: “Broker Carla, hindi na nagbabayad ang tenant ko. Ayaw pang umalis. Paano?” Landlords ask me this in Makati condos, in provincial apartments, and in the small rooms people rent out beside their own homes. The frustration is real. But the wrong move can turn you into the one facing a case.

The story (a dramatization)

Aling Rosa rents out the small apartment beside her house. Her tenant stopped paying months ago and still won’t leave. Her kumare gives her “advice”: “Patayan mo ng kuryente, palitan mo ang lock.” Tempting, but no. Taking possession by force or pressure is exactly what the law tries to prevent. There’s a proper, faster-than-you-think way to do this.

The short answer

Demand first, then court. Send a written demand to pay and vacate. If the tenant ignores it, go through barangay conciliation if it applies, then file an unlawful detainer (ejectment) case in the Municipal or Metropolitan Trial Court within one year from your last demand. Don’t lock them out or cut utilities. Let the court order it.

What the law and the Supreme Court say

Rule 70, Section 2 of the Rules of Court says a lessor’s ejectment case may be filed only after a demand to pay or comply with the conditions of the lease and to vacate, and after the tenant fails to comply within 15 days (for land) or 5 days (for buildings). The demand may be served personally, or by written notice served on the person found on the premises or posted there.

In Esteban v. Spouses Marcelo, G.R. No. 197725, July 31, 2013 (Second Division), tenants in Mandaluyong had stopped paying rent in 2001. The owner sent a demand to pay and vacate in October 2005 and filed an unlawful detainer case in December 2005. The Court of Appeals said it was too late for an ejectment case. The Supreme Court reversed and reinstated the eviction, holding that:

“Mere failure to pay rents does not ipso facto make unlawful tenant’s possession of the premises.” It is the owner’s demand to vacate and the tenant’s refusal that make the possession unlawful.
The one-year period to file an unlawful detainer case is counted from the last demand, because the owner may choose to tolerate the default for a while.

Practical lesson: an old “please pay” text message is not enough. Your demand should clearly say pay AND vacate, and you should be able to prove the tenant received it.

If the unit is under rent control. The Rent Control Act of 2009 (RA 9653, as extended) covers certain lower-rent residential units. For those units, Section 9 lists the grounds for judicial ejectment, including arrears in payment of rent for a total of three months and subleasing without the owner’s written consent. Section 10 adds that a lessee cannot be ejected just because the property was sold or mortgaged. Check with your lawyer whether your unit is covered.

Step by step: the legal way to get your property back

Gather your papers. Lease contract (even an informal one), receipts or rent records showing the unpaid months, and IDs and proof of ownership or right to lease.
Send a written demand to pay and vacate. State the amount due and a clear deadline. Serve it personally (get a signed receipt), by registered mail with return card, or by posting at the premises with witnesses. Keep copies.
Wait for the period to lapse: 15 days for land, 5 days for buildings, unless your contract says otherwise.
Go to the barangay if required. Under the Katarungang Pambarangay rules of the Local Government Code, disputes between individuals who live in the same city or municipality generally go to barangay conciliation first. If no settlement, get the certificate to file action.
File an unlawful detainer case in the Municipal or Metropolitan Trial Court where the property is, within one year from your last demand. Ejectment cases follow summary procedure, which is designed to move faster than ordinary civil cases. You can also claim the unpaid rent and reasonable compensation for the use of the property.
Let the sheriff enforce the judgment. Only a court order, carried out by the sheriff, should remove the tenant and their things.

Costs: expect filing fees, sheriff’s fees and lawyer’s fees. These vary by court and case, so ask the Clerk of Court and your lawyer for the exact amounts.

What this means for YOU

Landlords: no padlocks, no cutting water or power, no throwing out belongings. Put your demand in writing, keep proof, and watch the one-year clock from your last demand.
Tenants: unpaid rent does not make you an illegal occupant overnight, but once you receive a proper demand and don’t comply, a court can order you out and make you pay what’s due. Talk to your landlord early.
Buyers of tenanted property: ask for the lease, the rent ledger and any pending barangay or court case before you buy. A sale alone doesn’t end a lease.

Checklist: lease contract · rent records/receipts · written demand to pay and vacate · proof of receipt or posting · barangay certificate to file action (if required) · proof of ownership or authority · photos of the property.

FAQ

Can I just change the locks if my tenant won’t pay?

Don’t. The legal remedy is an ejectment case. Self-help evictions can expose you to complaints and damages. Let the court and sheriff do it.

Is a text or chat message enough as a demand?

Rule 70 talks about a demand served personally or by written notice. A signed demand letter with proof of receipt is the safest. Esteban v. Marcelo shows the demand must ask the tenant to vacate, not just to pay.

What if more than one year has passed since my demand?

The one-year period is counted from the last demand, so a new written demand may restart it. Otherwise the remedy may be a regular action to recover possession (accion publiciana). Ask a lawyer which applies.

Do I always need to go to the barangay first?

Generally yes, when both parties are individuals living in the same city or municipality. There are exceptions (for example, when one party is a corporation or the parties live in different cities). Your lawyer can confirm.

Can the tenant stay while they appeal?

Under Rule 70, a judgment for the landlord is generally immediately executory unless the tenant appeals, posts a supersedeas bond and keeps depositing the rent during the appeal.

Ask Broker Carla

May tanong ka rin? Comment ASK on my Facebook page, message me ASK on Messenger, or email buyrentph@gmail.com with your own “Broker Carla, …” question. I may feature it (without your name) in a future post.

This article is for general information only and is not legal or tax advice. For your specific situation, consult a lawyer or a licensed professional.

Sources

Esteban v. Spouses Marcelo, G.R. No. 197725, July 31, 2013 (full text, LawPhil), which quotes Rule 70, Sec. 2
Same decision on the Supreme Court E-Library
Republic Act No. 9653, Rent Control Act of 2009 (Senate)
1997 Rules of Civil Procedure, Rule 70 (Forcible Entry and Unlawful Detainer)
Local Government Code (RA 7160), Katarungang Pambarangay provisions