Eviction Notice Template Philippines

EVICTION NOTICE AND DEMAND TO VACATE

REPUBLIC OF THE PHILIPPINES
PROVINCE OF [Province Name]
CITY/MUNICIPALITY OF [City/Municipality Name]

---

1. DOCUMENT PREAMBLE & RECITALS

This Eviction Notice and Demand to Vacate (hereinafter, the "Agreement" or "Notice") is entered into and made effective as of this [Day] day of [Month], [Year] (the "Effective Date"), by and between:

LESSOR / OWNER:
[Lessor/Owner Name], of legal age, [Civil Status], with residence and postal address at [Lessor Address] (hereinafter referred to as the "Lessor");

-AND-

LESSEE / OCCUPANT:
[Lessee/Occupant Name], of legal age, [Civil Status], with residence and postal address at [Lessee Address] (hereinafter referred to as the "Lessee").

WITNESSETH:

WHEREAS, the Lessor is the absolute and registered owner of that certain real property, including the improvements thereon, located at [Property Complete Address] (hereinafter referred to as the "Leased Premises");

WHEREAS, the Lessor and the Lessee entered into a Contract of Lease dated [Contract Date] (the "Lease Contract"), covering the Leased Premises, or alternatively, the Lessee has been occupying the Leased Premises by mere tolerance of the Lessor;

WHEREAS, the Lessee has committed substantial breaches of the terms of the Lease Contract and/or statutory obligations under Philippine law, specifically by failing to tender timely rental payments and/or violating the stipulations governing the use of the Leased Premises;

WHEREAS, under the pertinent laws of the Republic of the Philippines, including the Civil Code and the Revised Rules on Summary Procedure, the Lessor is entitled to terminate the possessory rights of the Lessee and demand the immediate surrender and vacating of the Leased Premises upon default;

NOW, THEREFORE, for and in consideration of the foregoing premises, and pursuant to the applicable laws of the Republic of the Philippines, the Lessor hereby formally serves this binding legal demand upon the Lessee to vacate the Leased Premises in accordance with the strict terms and conditions set forth below.

---

2. OPERATIONAL DEFINITIONS

For purposes of this Agreement, the following terms shall be understood, construed, and interpreted strictly in accordance with the definitions provided herein:

1. "Arrears" refers to the aggregate sum of unpaid monthly rentals, utility charges, association dues, and any other monetary obligations accrued by the Lessee under the Lease Contract, totaling [Currency and Amount], covering the period from [Start Date] to [End Date].
2. "Cure Period" means the mandatory thirty (30) business day window granted to the Lessee commencing immediately upon receipt of this Notice, within which the Lessee may rectify specified breaches or surrender the Leased Premises.
3. "Default" denotes the failure of the Lessee to perform any covenant, duty, or financial obligation mandated by the Lease Contract or this Notice, including but not limited to non-payment of rent, unauthorized subleasing, or commission of illegal acts within the Leased Premises.
4. "Leased Premises" means the residential/commercial property situated at [Property Complete Address], including all appurtenances, fixtures, and parking spaces appurtenant thereto.
5. "Lessor" designates the owner of the Leased Premises, [Lessor Name], as well as any duly authorized legal representative, attorney-in-fact, or judicial administrator acting on their behalf.
6. "Lessee" designates the defaulting tenant, [Lessee Name], including any sub-lessees, assigns, family members, agents, or unauthorized occupants currently holding possession of the Leased Premises under or through the Lessee.
7. "Unlawful Detainer" refers to the cause of action arising under Rule 70 of the Rules of Court of the Philippines when the possession of any land or building is unlawfully withheld by the Lessee after the expiration or termination of the right to hold possession by virtue of any contract, express or implied.

---

3. SUBSTANTIVE TERMS & OBLIGATIONS

1. Demand to Vacate and Surrender Possession. The Lessor hereby exercises its legal prerogative to terminate the possessory rights of the Lessee over the Leased Premises. The Lessee is strictly obligated to completely vacate, clear of all personal belongings, trade fixtures, and occupants, and peacefully surrender the physical possession of the Leased Premises to the Lessor upon the expiration of the Cure Period.
2. Settlement of Financial Arrears. The Lessee is required to settle the total outstanding Arrears amounting to [Currency and Amount] concurrently with the surrender of the Leased Premises. Payment shall be made via [Accepted Payment Method, e.g., Manager's Check / Direct Bank Transfer] payable to the Lessor.
3. Condition of the Leased Premises upon Surrender. The Lessee warrants and covenants that upon vacating, the Leased Premises shall be returned to the Lessor in the exact clean, undamaged, and tenantable condition as when possession was initially delivered, ordinary wear and tear excepted. The Lessee shall be liable for the cost of repairs for any structural damage, defacement, or fixture removal attributable to the Lessee or its invitees.
4. Prohibition on Further Encumbrances. From and after the receipt of this Notice, the Lessee is strictly prohibited from executing any sublease, assignment of lease, mortgage, or any other encumbrance affecting the Leased Premises, and any such transaction shall be deemed null and void ab initio.
5. Representations and Warranties. The Lessor represents and warrants that it possesses the requisite legal title and capacity to issue this Notice and demand the eviction of the Lessee under the laws of the Republic of the Philippines. The Lessee represents that no other claims of ownership or lawful possessory rights adverse to the Lessor are held by the Lessee or any third party deriving rights through them.

---

4. DEFAULT, TERMINATION, AND REMEDIES

1. Classification of Breach. The failure of the Lessee to pay rent when due, failure to maintain required utilities, or unauthorized occupation beyond permitted terms constitutes a material, incurable (as to past due periods) and actionable Default under Philippine law.
2. Cure Period and Compliance Window. The Lessee is hereby granted a non-extendible Cure Period of thirty (30) business days from the official date of receipt of this Notice to either:
   • (a) Pay in full all outstanding Arrears and cure all non-monetary defaults to the satisfaction of the Lessor, subject to the Lessor’s sole discretion to reinstate the lease; OR
   • (b) Completely vacate and deliver peaceful possession of the Leased Premises to the Lessor, along with the settlement of all accrued Arrears and penalties.
3. Legal Recourse upon Non-Compliance. If the Lessee fails, refuses, or neglects to fully comply with the demands set forth in this Notice upon the expiration of the thirty (30) business day Cure Period, the Lessor shall immediately institute the appropriate legal action for Unlawful Detainer (Desahuciio) before the proper Municipal Trial Court (MTC), Metropolitan Trial Court (MeTC), or Municipal Circuit Trial Court (MCTC) where the Leased Premises is situated, pursuant to the Revised Rules on Summary Procedure.
4. Damages, Penalties, and Attorney’s Fees. In the event that judicial enforcement becomes necessary, the Lessee shall be held liable for:
   • (a) Payment of reasonable monthly rental value or damages (rente) equivalent to [Currency and Amount] per month from the time of default until the Leased Premises is fully surrendered to the Lessor;
   • (b) Statutory interest at the rate of [Interest Rate]% per annum on all unpaid Arrears; and
   • (c) Attorney’s fees equivalent to twenty-five percent (25%) of the total amount claimed, but in no case less than [Currency and Minimum Amount], plus all costs of litigation and court fees.

---

5. BOILERPLATE LEGAL PROVISIONS

1. Severability. If any provision, clause, or section of this Agreement is held to be invalid, illegal, or unenforceable by any competent court or tribunal of the Republic of the Philippines, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
2. Entire Agreement. This Notice constitutes the final, complete, and exclusive statement of demand between the Lessor and the Lessee regarding the subject matter hereof, superseding all prior oral or written negotiations, understandings, or lease modifications not explicitly incorporated herein.
3. Force Majeure. Neither party shall be held liable for any failure or delay in the performance of obligations under this Notice if such failure arises from acts of God, natural calamities, public structural condemnation, acts of civil or military authority, civil unrest, or other catastrophic events beyond the reasonable control of the affected party, provided that financial obligations accrued prior to the event shall remain due and demandable.
4. Governing Law and Jurisdiction. This Agreement, and all legal relations arising herefrom, shall be governed by, construed, and enforced in accordance with the substantive laws of the Republic of the Philippines, particularly the Civil Code of the Philippines and pertinent housing and tenancy laws. Any legal action, dispute, or proceeding arising out of or relating to this Notice shall be brought exclusively before the proper courts of [City/Municipality where property is located], to the exclusion of all other courts.
5. Dispute Resolution. Prior to the filing of a formal judicial complaint for Unlawful Detainer, and where mandated by the Katarungang Pambarangay Law (Republic Act No. 7160), the parties shall submit the dispute to the Lupong Tagapamayapa of the appropriate Barangay; provided, however, that the Lessor reserves the immediate right to file judicial actions directly if summary proceedings or provisional remedies (such as preliminary attachment or injunction) are legally warranted.

---

6. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the Lessor has caused this Eviction Notice and Demand to Vacate to be executed as of the Effective Date first written above.

LESSOR:
[Lessor Entity Name, if applicable]

By:

---

[Lessor/Authorized Signatory Name]
[Title / Capacity, e.g., Owner / Attorney-in-Fact]
Date: [Date of Signature]

---

LESSEE / ACKNOWLEDGEMENT OF RECEIPT:
(Note: The signature of the Lessee below constitutes solely an acknowledgment of receipt of this Notice and does not necessarily imply agreement with its contents unless accompanied by full settlement.)

[Lessee Entity Name, if applicable]

By:

---

[Lessee/Signatory Name]
[Title / Capacity, e.g., Tenant / Occupant]
Date of Receipt: [Date of Receipt]

---

ACKNOWLEDGEMENT (OPTIONAL NOTARIZATION)

REPUBLIC OF THE PHILIPPINES)
PROVINCE OF [Province Name] ) S.S.
CITY/MUNICIPALITY OF [City Name] )

BEFORE ME, a Notary Public for and in the [City/Municipality], personally appeared the above-named person/s exhibiting to me their competent evidence of identity:

Known to me and to me known to be the same persons who executed the foregoing instrument consisting of [Number] pages, including this page where the acknowledgement is written, and acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL this [Day] day of [Month], [Year] at [City Name], Philippines.

Doc. No. ______;
Page No. ______;
Book No. __;
Series of 20.

---

NOTARY PUBLIC