Generally, yes. Once a lease has no fixed period — whether because none was ever set, or because the original term expired and the tenant merely continued occupying with the landlord’s acquiescence — the Civil Code treats it as running from period to period (month-to-month if rent is paid monthly), and either party may decline to continue it. But the landlord still cannot simply change the locks: repossession requires either the expiration procedure or a formal unlawful detainer case.
How a Lease Becomes ‘Month-to-Month’
Article 1687 of the Civil Code provides that if the period of a lease has not been fixed, it is understood to run from month to month if the rent is paid monthly (or from year to year, week to week, or day to day, matching however rent is paid). Separately, Article 1670 provides for an implied new lease (tacita reconducción): if, at the end of a fixed-term contract, the tenant continues occupying the unit for fifteen days with the landlord’s acquiescence and neither side has given a contrary notice, the law implies a new lease — not for the original term, but for the period fixed under Articles 1682 and 1687, i.e., month-to-month if rent is monthly. This is how many leases that started with a one-year contract quietly become indefinite, renewable month-to-month arrangements once the original term lapses and nobody formally ends the relationship.
The Landlord’s Right to Decline Renewal
Because a month-to-month lease has no fixed future term, either party may choose not to continue it at the close of a rental period. A landlord is under no general obligation to keep renewing a month-to-month tenancy indefinitely, and “the lease term has run its course” is itself recognized as a valid ground to end the relationship — the Rent Control Act separately lists “expiration of the period of the lease contract” among the grounds for judicial ejectment. What the landlord cannot do is retake the unit through self-help — changing locks, cutting utilities, or removing belongings — without a court proceeding.
The Rent Control Act’s Own Rule for Covered Units
For residential units falling within RA 9653, the Rent Control Act of 2009 (covering, at the time of its passage, units renting within specific low-end price ceilings in Metro Manila and other areas), Section 9 adds a distinct ground: the landlord’s legitimate need to repossess the property for personal use or for an immediate family member, but only where the lease for a definite period has already expired, and only after giving the tenant formal notice at least three months in advance of the intent to repossess. Even then, the owner is barred from re-leasing the unit to anyone else, or allowing a third party to use it, for at least one year from repossession — a safeguard against using a fabricated “personal use” claim to simply install a new, higher-paying tenant.
Expiration Is a Ground for Ejectment, Not a Ground for Self-Help
Whichever basis applies, a landlord who wants the tenant out still needs to file an unlawful detainer case if the tenant refuses to leave voluntarily after the lease is validly terminated. A tenant who continues occupying after being validly told the lease will not continue, and after the notice period required (if any) has lapsed, becomes a possessor whose continued stay the law treats less favorably — but that still plays out in court, through summary ejectment proceedings, not through the landlord’s own hands.
The General Civil Code Grounds for Ejectment
Outside the Rent Control Act, Article 1673 of the Civil Code independently lists the causes for which a lessor may judicially eject a lessee, and non-renewal fits the first one directly: “When the period agreed upon, or that which is fixed for the duration of leases under articles 1682 and 1687, has expired.” The same article lists three other grounds — non-payment of stipulated rent, violation of any condition agreed upon in the contract, and devoting the leased property to an unstipulated use that causes it to deteriorate or ignoring the tenant’s duty to use the property as a diligent head of a family would. This means “the lease term is over” sits on the exact same legal footing as non-payment of rent or breach of a lease condition — all are recognized, independent grounds to end the tenancy through the courts, which is why a landlord does not need to invent a fault-based reason to decline renewing a lease whose term has simply run out.
Practical Takeaways
- A lease with no fixed term left generally runs month-to-month and either side may decline to continue it;
- For rent-control-covered units, a landlord repossessing for personal/family use must give 3 months’ written notice and cannot re-lease the unit to someone else for 1 year;
- Non-renewal is not a license to self-help eviction — a refusing tenant still requires an unlawful detainer case;
- Read your original contract for any automatic renewal or required prior-notice clause, since parties may agree to stricter terms than the Civil Code default.
Frequently Asked Questions
Can my landlord just decide not to renew my lease? Generally yes, once the lease has no fixed term remaining and has become month-to-month. Expiration of the lease period is itself a recognized ground for the landlord to end the tenancy, though repossession still requires the proper legal process if the tenant refuses to leave.
What notice does my landlord need to give? The Civil Code itself does not fix a specific notice period for an ordinary month-to-month lease's non-renewal, though good practice mirrors the rental period (e.g., one month's notice for a monthly lease). For rent-control-covered units where the landlord repossesses for personal or family use, the Rent Control Act requires at least three months' formal written notice.
Can my landlord change the locks if I don't move out? No. Even after a lease validly ends, the landlord must file an unlawful detainer case in court to legally retake possession from a tenant who refuses to leave. Self-help eviction is not authorized.
If my landlord says they need the unit for personal use, can they re-rent it to someone else right away? Not if the unit is covered by the Rent Control Act. Section 9 of RA 9653 bars the owner from leasing the unit to a third party for at least one year after repossessing it on that ground.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.