In Short
- There are two kinds of eviction case: one for when the person's right to stay has ended, and one for when they got in by force, threats, tricks or secretly.
- Start with a written demand to pay and leave. In most cases, you can go to court only after the waiting period in the demand runs out.
- If both sides live in the same city or town, try to settle at the barangay first.
- File in the Municipal or Metropolitan Trial Court within one year. The case moves faster than most court cases.
- A landlord cannot throw someone out without a court order. The Civil Code says you must go to court.
Two Kinds of Eviction Case
A court case to evict someone is called an ejectment case. Rule 70 of the Rules of Court covers two kinds, both about who has the right to physical possession (to be in and use the property), not who owns it:
- Unlawful detainer: the occupant (the person living in or using the property) came in legally (as a tenant, or with the owner's permission) but stayed after that right ended, for example after the lease expired or after they stopped paying rent and were asked to leave.
- Forcible entry: the occupant got in by force, intimidation, threat, strategy (tricks) or stealth (secretly).
The court can also order the occupant to pay unpaid rent or a reasonable amount for the use of the property, plus the landlord's lawyer's fees and court costs.
Step 1: A Written Demand to Pay and Leave
For unlawful detainer based on unpaid rent or broken lease terms, Rule 70 needs a demand to pay or comply and to vacate (to pay or follow the lease, and to leave). It is handed to the tenant personally, left at the place, or posted there if no one is found. The case can be filed only if the tenant does not comply within 15 days for land or 5 days for buildings, unless the lease says otherwise.
Put the demand in writing and keep proof that it was received, such as a signed copy or a registry receipt. Use our Notice to Vacate or Demand Letter templates, and see Demand Letters.
For homes covered by the Rent Control Act of 2009 (Republic Act No. 9653, or RA 9653), the allowed reasons (grounds) for eviction include: renting the unit out to someone else (subleasing) without the owner's written consent, unpaid rent (arrears) adding up to three months, the owner's need to use the unit for themselves or close family after the lease ends (with three months' notice), needed repairs under an order declaring the building unsafe (a condemnation order), and the end of the lease. A sale or mortgage of the property is not a reason to evict a covered tenant.
Step 2: Settlement Talks at the Barangay
If the landlord and the occupant are individuals living in the same city or municipality (or in barangays next to each other in different ones), the dispute must first go to the Lupon (the barangay's settlement committee) under the Katarungang Pambarangay law. Many eviction disputes are settled there, often with a plan for paying back rent or a move-out date.
If there is no settlement, the barangay issues a Certificate to File Action (the paper that lets you go to court), which you attach to the court complaint. See barangay conciliation and the barangay complaint template.
Step 3: Filing the Case in Court
- Court: the Municipal Trial Court, Municipal Circuit Trial Court or Metropolitan Trial Court where the property is located.
- Deadline: within one year. For forcible entry, the year runs from the entry (or from discovery, if by stealth). For unlawful detainer, from the last demand to vacate.
- Procedure: ejectment follows summary procedure, a faster set of court rules. The occupant has 10 days to answer, many motions (requests to the court) are not allowed, and the court decides mainly on affidavits and position papers (written statements of each side's case).
Filing after one year is still possible, but it becomes a different case (an accion publiciana, a case over the right to possess, or a case to recover ownership) that is slower and may go to a higher court.
Once it goes to court, get a lawyer. If you cannot afford one, the Public Attorney's Office (PAO) gives free help to people who qualify.
The Decision, Appeal and the Sheriff
If the court rules for the landlord, the decision is immediately executory, meaning it can be carried out right away. The occupant can stop this while appealing only by posting a supersedeas bond (money or a guarantee to cover what they owe) and depositing the rent as it comes due. The actual removal is done by the court sheriff under a writ of execution (a court order to carry out the decision), not by the landlord.
What a Landlord Cannot Do
Article 536 of the Civil Code says no one may take a property by force or threats while the occupant objects. A person who believes they have a right to take back the property must ask the court if the occupant refuses to leave.
So padlocking the unit, removing the tenant's belongings, or cutting off water or electricity to force a tenant out is not a legal substitute for an eviction case, and can get a landlord into trouble with complaints. For covered units, RA 9653 also limits advance rent to one month and deposits to two months, and punishes anyone who breaks these rules.
Tenants also have duties: pay rent on time, use the unit properly, and leave when the lease ends or a court orders it.
Papers to Gather Before Filing
For both landlords and tenants, keep copies of everything.
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Common Questions
Can a Landlord Padlock the Unit or Cut Off Utilities to Make a Tenant Leave?
No. Article 536 of the Civil Code says the landlord must ask the court if the occupant refuses to leave. Forcing a tenant out without a court order is against the law.
How Many Months of Unpaid Rent Before a Tenant Can Be Evicted?
For units covered by the Rent Control Act (RA 9653), unpaid rent adding up to three months is a reason for eviction. Under the Civil Code, not paying is also a reason. Either way, the landlord still needs a demand and a court case.
Do We Have to Go to the Barangay Before an Eviction Case?
Yes, if both sides are individuals living in the same city or municipality, or in barangays next to each other. The court complaint must attach the barangay's Certificate to File Action.
How Long Does a Tenant Have After a Demand to Leave?
Rule 70 gives 15 days for land and 5 days for buildings, unless the lease sets a different period, before an unlawful detainer case can be filed.
Can the New Owner Evict Me Because the Property Was Sold?
For units covered by RA 9653, a sale or mortgage is not a reason for eviction. The new owner steps into the lease.
Not legal advice. This is general information. For advice on your own situation, consult a lawyer. If you cannot afford one, the Public Attorney's Office (PAO) or an IBP legal aid office may help for free.
Government fees, rules and requirements change, so always check with the office concerned before you go. Last reviewed October 8, 2026.