Short answer. A landlord may judicially evict a tenant on four grounds under the Civil Code: the lease period has expired, the tenant failed to pay rent, the tenant violated a condition of the lease, or the tenant is using the property in a way that damages it or was never agreed to. Agricultural tenants are covered by separate laws.
What the law says
The lessor may judicially eject the lessee for any of the following causes: (1) When the period agreed upon, or that which is fixed for the duration of leases under articles 1682 and 1687, has expired; (2) Lack of payment of the price stipulated; (3) Violation of any of the conditions agreed upon in the contract
Civil Code, Article 1673 — Grounds for Judicial Ejectment. Read the full provision →
What the law says
The ejectment of tenants of agricultural lands is governed by special laws.
Civil Code, Article 1673 — Grounds for Judicial Ejectment. Read the full provision →
The four grounds under Article 1673
Article 1673 of the Civil Code sets out the causes for which a landlord (the lessor) may judicially eject a tenant (the lessee). These are: the agreed lease period has expired, or the period fixed for leases without a specified term has run out; the tenant failed to pay the stipulated rent; the tenant violated a condition of the lease contract; or the tenant is using the property for a purpose not agreed upon and that use is damaging it. A landlord relying on eviction needs to fit the situation into one of these four causes — there is no general catch-all ground.
Non-payment and violation of lease terms are the most common
In practice, the two grounds landlords rely on most are non-payment of rent and violation of a lease condition — for example, subletting without permission, keeping prohibited occupants, or using a residential unit for business without consent. Both grounds depend on what the written or verbal lease actually says, so a landlord's first step is usually re-reading the lease terms themselves rather than assuming a general right to evict for any inconvenience or disagreement with the tenant.
Expiration of the lease period
A lease that has simply run its course is itself a ground for ejectment once the agreed period, or the period the Civil Code fixes for leases without a fixed term, has expired. This is often the simplest ground to establish because it does not require proving fault on the tenant's part — only that the term has ended and the tenant has not vacated. Whether a lease has in fact expired, or has instead been renewed by the parties' conduct, is a common point of dispute.
Agricultural tenants are a different regime
Article 1673 expressly carves out agricultural tenancies: the ejectment of tenants of agricultural lands is governed by special laws, not by this general Civil Code provision. A landowner dealing with a farmer-tenant on agricultural land is working under an entirely different legal framework with its own grounds and safeguards, so the four causes described above apply to ordinary residential and commercial leases, not to agricultural tenancy relationships.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Cebu Autometric Motos, Inc. vs. Tirso Uytengsu III, G.R. No. 151168, August 25, 2010 — read the decision on LawPhil →
- Hernania "Lani" Lopez vs. Gloria Umale-Cosme, G.R. No. 171891, February 24, 2009 — read the decision on LawPhil →
- Abaya Investments Corporation vs. Merit Philippines, et al, G.R. No. 176324, April 16, 2008 — read the decision on LawPhil →
- David G. Dula vs. Dr. Restituto Maravilla, et al, G.R. No. 134267, May 9, 2005 — read the decision on LawPhil →