Dear PAO,

A tenant in my apartment complex has not paid over three months’ worth of rent. Whenever I try to knock on his door to demand payment, he pretends that he is not at home, even though I can clearly hear his television from the outside. Our lease contract clearly states that a default in payment, even just for a month, automatically results in its termination. So, I am currently waiting for him to leave for work so I can remove his belongings and lock him out of the unit. Do I need to seek assistance from the barangay in doing that?

Claire

Dear Claire,

At the outset, it bears stressing that “[i]n no case may possession be acquired through force or intimidation as long as there is a possessor who objects thereto.” This is pursuant to Article 536 of the New Civil Code of the Philippines, which further directs the person who believes that he/she has an action or a right to deprive another of the holding of a thing, to invoke the aid of the competent court in doing so.

This is because our laws impose upon the lessor, such as yourself, the obligation “to maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract.” (Article 1654, New Civil Code) The act of locking the tenant out of the apartment unit for non-payment of rent, or for any reason for that matter, is in clear breach of this obligation, which may subject you to payment of damages. (Article 1659, Id.)

For eviction due to non-payment of rent, our laws make available to lessors the remedy of judicial ejectment (Article 1673 [2], New Civil Code), particularly the summary action for unlawful detainer. It is a remedy especially available to lessors 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. (Section 1, Rule 70, Rules of Court)

Now, it bears noting that before unlawful detainer may arise, it is crucial that there first be a demand to pay or comply with the terms of the lease, and a demand to vacate. (Section 2, Rule 70, Id.) This is because “[m]ere failure to pay rents does not ipso facto make unlawful tenant’s possession of the premises. It is the owner’s demand for tenant to vacate the premises, when the tenant has failed to pay the rents on time, and tenant’s refusal or failure to vacate, which make unlawful withholding of possession.” (Almario Siapian v. Honorable Court of Appeals, et al., GR 111928, March 1, 2000, Ponente: Associate Justice Leonardo Quisumbing)

In your case, even if you are the owner of the apartment complex, still, you cannot just lock your tenant out of the apartment unit for non-payment of rent. If you intend to legally evict your tenant from your property, you must first demand accordingly, and if refused, you may proceed with the filing of a complaint for unlawful detainer.

We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]