Property Law | Failure to Pay Rent

As defined by Article 1643, Civil Code of the Philippines, in every lease contract, the landlord is under obligation to give to the one renting, tenant, the use of a property for a certain price and for a period which may be definite or indefinite every contract of lease of it.

It also states that the landlord is also obliged o deliver and maintain the property leases in a condition that is fit for the intended use. He is to make necessary repairs and maintain the the peaceful and adequate enjoyment of the lease for the duration of the contract

On the other hand, the tenant,is bound by the same law to pay the lease according to the agreed terms. The failure of one of the parties to perform any of it’s role has the right to perform remedies provided by the law.

What if the tenant fails to pay the rent?

When the tenant is unable to pay the rent for a total of 3 consecutive months, it shall be a ground for judicial ejectment. Section 9 of Republic Act (R.A.) No. 9653 or the Rent Control Act of 2009 provides covers any issues pertaining to rent.

“Section 9. Grounds for Judicial Ejectment. Ejectment shall be allowed on the following grounds:

Arrears in payment of rent for a total of three (3) months: Provided, that in the case of the 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.

If the tenant have not paid their rent for three (3) months or more, the landlord can send a demand letter to pay and in case of their failure to do so, to vacate the property leased.

This may also be settled by the barangay for a possible amicable settlement. However the tenant still refuses to pay the rent or vacate the property, the landlord has the right to sue the tenant and wait for the tenant’s response to the enforced compliance from the court. The court will order eviction with non-compliance and the police will execute such order.