Failure to pay rent ground for ejectment

Dear PAO,
I have a two-unit apartment near our house. The tenants of one of the units have not been paying their rent for six months now. What shall I do to ask my tenants to vacate my apartment so I can lease it to others? As much as possible, I don’t want court proceedings because I have a demanding job to attend to.
Cely

Dear Cely,
In a contract of lease, both the lessor and the lessee have obligations which they are bound to perform. Among others, the lessor is obliged to deliver the thing which is the object of the lease in such a condition as to render it fit for the use intended (Article 1654, Civil Code of the Philippines). The lessee, on the other hand, has the obligation to pay the price of the lease according to the terms stipulated between him and the lessor (Article 167, id.). The failure of any of the parties to comply with their respective obligations will give the aggrieved party the right to institute an action against the other.

The failure of the tenants of your apartment to pay their rent for six (6) months is a ground for judicial ejectment according to Section 9 of of Republic Act No. 9653, otherwise known as the Rent Control Act of 2009, to wit:

SEC. 9. Grounds for Judicial Ejectment. – Ejectment shall be allowed on the following grounds:

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(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 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;

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You may initially ask your tenants to leave your apartment by sending them a demand letter to vacate. You may also ask the assistance of your barangay officials for a barangay conciliation where you and your tenants can have the opportunity to talk with each other and amicably settle your problems without going to court. However, if despite the foregoing, your tenants still refuse to vacate your apartment, you may go to the court and file for a petition for judicial ejectment against your tenants. The petition may be filed before the Municipal Trial Court of the place where your apartment is situated (Section 1, Rule 4, Rules of Court).

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated. –PERSIDA ACOSTA, Manila Times

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.