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When can a lessor legally eject a lessee?

Photo from Unsplash | Randy Laybourne

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.


AT A GLANCE:

Under the Rent Control Act, ejectment shall be allowed on the following grounds:

  • Assignment of lease or subleasing of residential units in whole or in part, including the acceptance of boarders or bedspaces, without the written consent of the owner/lessor;
  • Arrears in payment of rent for a total of three (3) months
  • Legitimate need of the owner/lessor to repossess his or her property for his or her own use of for the use of an immediate member of his or her family as a residential unit.
  • Need of the lessor to make 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
  • Expiration of the period of the lease contract.

(Source: Section 9, Republic Act No. 9653)


The law says – 

Under Section 9 of the Rent Control Act, Ejectment shall be allowed on the following grounds:

  • Assignment of lease or subleasing of residential units in whole or in part, including the acceptance of boarders or bedspaces, without the written consent of the owner/lessor;
  • 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 in the name of and with notice to the lessor, within one (1) month after the refusal of the lessor to accept payment.

The lessee shall thereafter deposit the rent within ten (10) days of every current month. Failure to deposit the rent for three (3) months shall constitute a ground for ejectment.

The lessor, upon authority of the court in case of consignation or upon joint affidavit by him and the lessee to be submitted to the city or municipal treasurer or barangay chairman and to the bank where deposit was made, shall be allowed to withdraw the deposits;

  • Legitimate need of the owner/lessor to repossess his or her property for his or her own use of for the use of an immediate member of his or her family as a residential unit: Provided, however, That the lease for a definite period has expired: Provided, further, That the lessor has given the lessee the formal notice three (3) months in advance of the lessor’s intention to repossess the property and: Provided, finally, That the owner/lessor is prohibited from leasing the residential unit or allowing its use by a third party for a period of at least one (1) year from the time of repossession;
  • Need of the lessor to make 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: Provided, That after said repair, the lessee ejected shall have the first preference to lease the same premises: Provided, further, That the new rent shall be reasonably commensurate with the expenses incurred for the repair of the said residential unit and: Provided, finally, That if the residential unit is condemned or completely demolished, the lease of the new building will no longer be subject to the aforementioned first preference rule in this subsection; an
  • Expiration of the period of the lease contract.

 

Thus, based on the foregoing reasons, the lessor may legally eject the lessee.

 

Source: Republic Act No. 9653

Read also: INSTANCES WHEN A LESSEE MAY BE EJECTED UNDER THE RENT CONTROL ACT

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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