Dear PAO,
 I have been renting a residential house for five years now. What are the grounds for the lessor to demand that I vacate the rented house?
Trisha

 
Dear Trisha,
In a contract of lease of a residential house, the owner thereof binds himself to give to another the enjoyment or use of such residential house for a price certain, and for a period which may be definite or indefinite, but no lease for more than ninety-nine years shall be valid (Article 1643, Civil Code of the Philippines).

A lease contract with a definite period enjoys the right to stay in the leased premises for the period agreed upon. In such an instance, the lease ceases upon the day fixed, without the need of demand. On the other hand, a lease that has no fixed period is understood to be from year to year, if the rent agreed upon is annual; from month to month, if it is monthly; from week to week, if the rent is weekly; and from day to day, if the rent is to be paid daily.

However, even though a monthly rent is paid and no period for the lease has been set, the court may fix a longer term for the lease after the lessee has occupied the premises for over one year. If the rent is weekly, the court may likewise determine a longer period after the lessee has been in possession for over six months. In case of daily rent, the court may also fix a longer period after the lessee has stayed in the place for over one month (Articles 1669 and 1687, Civil Code of the Philippines).

Thus, in case of lease which has no definite period, the lessor may demand anytime the termination of the lease. However, the same may only take effect  after due notice and only for the reasons stated under Republic Act (R.A.) No. 9653 entitled “An Act Establishing Reforms in the Regulation of Rent of Certain Residential Units, providing the Mechanisms therefor and for other purpose” or otherwise known as the “Rent Control Act of 2009”.

Accordingly, the following shall only constitute grounds for ejectment: (a) Assignment of lease or subleasing of residential units in whole or in part, including the acceptance of boarders or bedspacers without the written consent of the owner/lessor; (b) arrears in payment of rent for a total of three (3) months; provided, that in the case of refusal by the lessor to accept payment of the rent agreed upon, the lessee may either deposit by way of consignation, the amount in court, or with the city or municipal treasurer, as the case may be, or barangay chairman, or in a bank; (c) legitimate need of the owner/lessor to repossess his or her property for his or her own use or for the use of any immediate member of his or her family as a residential unit; (d) need of the lessor to make the necessary repairs of the leased premises which is the subject of an existing order of condemnation by appropriate authorities concerned in order to make the said premises safe and habitable; (e) expiration of the period of the lease contract.

Please be reminded that the above legal opinion is solely based on our appreciation of the facts that you have stated in your problem. The opinion may vary when the facts stated therein are added or elaborated.

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