Short answer. No, not as a default rule. Article 1649 of the Civil Code provides that a lessee cannot assign the lease without the consent of the lessor. The only exception is if the contract itself expressly allows assignment — without such a stipulation, you need the landlord's agreement.
What the law says
The lessee cannot assign the lease without the consent of the lessor, unless there is a stipulation to the contrary.
Civil Code, Article 1649 — Assignment of the Lease. Read the full provision →
The rule and its exception
Article 1649 of the Civil Code states: "The lessee cannot assign the lease without the consent of the lessor, unless there is a stipulation to the contrary." The default rule requires the landlord's consent. The exception is a contract clause that expressly permits assignment — but that provision must be in the lease agreement itself. In the absence of such a clause, the lessee has no unilateral right to put another person in their place as tenant.
Assignment is different from sublease
An assignment of a lease transfers the lessee's entire position under the contract to a third party. The original lessee steps out and the new party steps in for the remaining lease term. This is distinct from a sublease, where the original lessee creates a new tenancy relationship with a sub-tenant while remaining bound to the lessor under the original contract. Both require scrutiny of the lease agreement and applicable law, but the rules and consequences differ.
What happens if you assign without consent
Assigning the lease without the required consent exposes the original lessee to breach of contract. The lessor may treat the unauthorized assignment as a ground for terminating the lease and seeking the lessee's eviction, along with any other remedies available under the contract and the law. The person who received the unauthorized assignment may also find themselves without any valid right to occupy the premises — a serious risk if they have already invested money or moved in.
How to proceed if you need to transfer the lease
If you want to transfer your tenancy to another person, the safest path is to approach your landlord openly and request consent before any transfer takes place. The landlord may agree, may agree with conditions (such as approving the new tenant), or may refuse. If consent is refused without a valid reason and your lease is silent on the point, you are bound by the statute. Reviewing your lease carefully before making any transfer arrangements is essential — check whether it has an assignment clause and what it says.
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.
- Analita P. Inocencion, substituting for Ramon Inocencion (deceased) vs. Hospicio de San Jose, G.R. No. 201787, September 25, 2013 — read the decision on LawPhil →
- Lomises Aludos, deceased, substituted by Flora Aludos vs. Johnny M. Suerte, G.R. No. 165285, June 18, 2012 — read the decision on LawPhil →
- Simedarby Pilipinas, Inc. vs. Goodyear Philippines, Inc., et al./Goodyear Philippines, Inc. vs. Sime Darby Pilipinas, Inc. et al, G.R. No. 182148 / G.R. No. 183210, June 8, 2011 — read the decision on LawPhil →
- Pag-asa Fishpond Corp. vs. Bernardo Jimenez, et al, G.R. No. 164912, June 18, 2008 — read the decision on LawPhil →