Dear Atty. Gab,

Musta Atty! I’m writing to you because I’m really confused about my rights as a tenant. I’ve been renting a small apartment in Manila for the past five years. My lease agreement expired a few months ago, but I continued to pay my rent every month, and my landlord accepted it without saying anything. Now, suddenly, I received a letter from my landlord demanding that I vacate the premises within 15 days because he wants to renovate the place for his family. He claims he doesn’t need to give me any more notice since the original lease expired.

I’m worried because finding a new place in such a short time is going to be very difficult, especially with my limited budget. I always paid my rent on time and never caused any trouble. Do I have any legal protection in this situation, or can my landlord just kick me out like that? I would really appreciate your advice on what I should do. Salamat po!

Sincerely,
Fernando Lopez

Dear Fernando,

Kumusta Fernando! I understand your concerns about the sudden notice to vacate your apartment. Based on the details you provided, it seems you might have grounds to contest your landlord’s demand. The key issue here is whether an implied new lease was created when your original lease expired and you continued paying rent, which your landlord accepted.

Understanding Tacita Reconduccion: An Implied Lease Renewal

In your situation, the principle of tacita reconduccion, or implied new lease, may apply. This principle, as recognized in Philippine law, suggests that when a lease contract expires, but the tenant continues to occupy the premises and the landlord accepts rent payments, a new lease agreement is created by implication. However, the duration of this implied lease is not necessarily the same as the original contract.

The Civil Code addresses this situation directly, providing guidelines for determining the duration of the implied lease. It’s crucial to understand that the terms of the original lease are revived in the implied new lease, but the period is determined by law, not by the original contract. This principle is based on the landlord’s acquiescence to the tenant’s continued occupancy.

According to Article 1670 of the Civil Code:

Article 1670. If at the end of the contract the lessee should continue enjoying the thing leased for fifteen days with the acquiescence of the lessor, and unless a notice to the contrary by either party has previously been given, it is understood that there is an implied new lease, not for the period of the original contract, but for the time established in Articles 1682 and 1687. The other terms of the original contract shall be revived.

Further clarification is provided by Article 1687 of the Civil Code:

Article 1687. If the period for the lease has not been fixed, it 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 courts 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 courts may likewise determine a longer period after the lessee has been in possession for over six months. In case of daily rent, the courts may also fix a longer period after the lessee has stayed in the place for over one month.

Given that you paid your rent on a monthly basis, the implied new lease is generally considered to be on a month-to-month basis. This means that while your landlord cannot simply evict you without any notice, he is only required to give you a notice to vacate that corresponds to the period of the lease, which in your case, appears to be one month.

This requirement of proper notice is rooted in the concept of due process and fairness, ensuring that tenants are not unfairly displaced from their homes. While the landlord has the right to eventually repossess the property, that right must be exercised in accordance with the law.

Section 1. Who may institute proceedings, and when. — Subject to the provisions of the next succeeding section, a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract, express or implied, or the legal representatives or assigns of any such lessor, vendor, vendee, or other person, may, at any time within one (1) year after such unlawful deprivation or withholding of possession, bring an action in the proper Municipal Trial Court against the person or persons unlawfully withholding or depriving of possession, or any person or persons claiming under them, for the restitution of such possession, together with damages and costs.

It’s also important to note that the landlord’s claim of needing the property for renovation does not automatically override your rights as a tenant. The landlord must still comply with the legal requirements for terminating the lease and providing proper notice. Any attempt to forcibly evict you without a court order would be considered unlawful.

Remember that the burden of proof lies with the landlord to demonstrate that the termination of the lease is justified and that proper notice has been given. You are entitled to assert your rights and defend your possession of the property until a court order is issued.

Practical Advice for Your Situation

• Document everything: Keep records of all rent payments, communication with the landlord, and any notices received.
• Send a formal response: Respond to the landlord’s notice in writing, asserting your rights as a tenant under the principle of implied new lease and requesting clarification on the reasons for eviction.
• Negotiate with the landlord: Explore the possibility of negotiating a longer period to vacate the premises or compensation for relocation expenses.
• Seek mediation: Consider seeking assistance from the barangay or a mediation center to facilitate a dialogue with the landlord and reach a mutually agreeable solution.
• Consult with a lawyer: It’s always advisable to consult with a lawyer to review your specific situation and provide legal advice tailored to your circumstances.
• Prepare for possible legal action: Be prepared to defend your rights in court if the landlord initiates an eviction case against you.

I hope this information clarifies your rights and empowers you to take appropriate action. Remember, you are not powerless in this situation. By understanding your rights and seeking legal advice, you can protect yourself from unlawful eviction and ensure a fair resolution to this dispute.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.