Text of the provision
Art. 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.
(1581a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
With no fixed period, a lease is from year to year if rent is annual, month to month if monthly, week to week if weekly, day to day if daily. Courts may fix a longer term after long occupancy. This governs most month-to-month residential leases (read with the Rent Control Act).
Related provisions
- Article 1686 — Repairs on Urban Property.
- Article 1688 — Lease of Furniture With the Premises.
Cases citing this article
- David G. Dula vs. Dr. Restituto Maravilla, et al, G.R. No. 134267, May 9, 2005 — read the decision on LawPhil →
- Leonardo S. Umale (deceased), represented by Clarissa Victoria, et al. all surnamed Umale vs. ASB Realty Corp, G.R. No. 181126, June 15, 2011 — read the decision on LawPhil →
- Consolacion De Vera vs. Court of Appeals, et al, G.R. No. 110297, August 7, 1996 — read the decision on LawPhil →
- Malayan Realty, Inc. vs. Uy Han Yong, G.R. No. 163763, November 10, 2006 — read the decision on LawPhil →
- Eulogio "Eugui" Lo Chua, vs. Court of Appeals, et al, G.R. No. 140886, April 19, 2001 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.