Free Notice to Vacate / Eviction Notice — Philippines
A formal Notice to Vacate (eviction notice) drafted in line with Philippine law for lessors dealing with non-paying or non-compliant tenants. Compliant with the Rent Control Act (RA 9653) Section 7 grounds, Articles 1659 and 1673 of the Civil Code of the Philippines, and Rule 70 of the Rules of Court. Generate a written demand that satisfies the precondition for filing an unlawful detainer action before the Metropolitan or Municipal Trial Court.
This NOTICE TO VACATE is issued by Maria Cristina Reyes ("the Lessor"), the lessor of the premises located at Unit 2305 The Grove by Rockwell, E. Rodriguez Jr. Ave., Pasig City 1605, Unit 2305, Tower 1 (the "Premises"), pursuant to the Contract of Lease between us.
Lease commencement: May 1, 2025 · Lease expiry: April 30, 2027 · Monthly rent: 25,000.00 PHP.
Rent for the months of February 2026, March 2026 and April 2026, each at PHP 25,000.00 per month and totalling PHP 75,000.00, remains unpaid as at the date of this Notice despite written reminders sent on March 5, 2026, April 5, 2026 and April 18, 2026. No payment, partial payment, or response has been received from you to date. The arrears now exceed three (3) months, constituting a ground for ejectment under Sec. 7(b) of RA 9653.
Please be reminded that self-help eviction is strictly prohibited under Philippine law. The Lessor will not change locks, cut utilities, or remove the Lessee's belongings. Possession will only be recovered through proper legal process.
This Notice is issued without prejudice to all other rights and remedies available to the Lessor under the Contract of Lease, the Civil Code, RA 9653, and applicable Philippine laws.
What is an eviction notice in the Philippines?
An eviction notice — known in Philippine practice as a Notice to Vacate, Demand to Pay and Vacate, or Pabatid sa Pag-alis ng Inuupahan — is the formal written document by which a lessor communicates to a lessee that the lease will be terminated and possession of the premises must be surrendered by a stated date. Under Rule 70 of the Rules of Court (Forcible Entry and Unlawful Detainer), this written demand is a JURISDICTIONAL prerequisite: a Philippine Metropolitan or Municipal Trial Court will dismiss an ejectment complaint that is not preceded by a proper demand letter served on the lessee. The notice does not by itself terminate the lease — it triggers the right to file an unlawful detainer action if the lessee fails to comply.
For residential units in the Philippines covered by the Rent Control Act (Republic Act 9653, as extended by Republic Act 11571 until 31 December 2027), the grounds on which an eviction may proceed are LIMITED to those listed in Section 7 of the Act: (a) subleasing or assignment of lease without the written consent of the lessor; (b) arrears in payment of rent for a total of three (3) months — provided that in case the lessee has paid in advance, no such ejectment may take place until the entire amount of advance rental shall have been exhausted; (c) legitimate need of the lessor or any of his immediate family to repossess for own use; (d) need for the lessor to make necessary repairs ordered by competent Philippine authority; (e) expiration of the period of the lease; and (f) condemnation of the building.
For uncovered units (commercial premises, or residential rent above ₱10,000 in Metro Manila / ₱5,000 elsewhere in the Philippines), the more flexible grounds of Article 1673 of the Civil Code apply: expiration of the period, lack of payment of the price stipulated, violation of any conditions agreed upon, and lessee devoting the thing to a use other than the one stipulated. In every case, the Notice to Vacate must specify the breach, the cure period (if any), and the date of vacancy. Where both lessor and lessee are Filipino natural persons residing in the same Philippine city or municipality, Republic Act 7160 (Local Government Code), Sections 408-422, additionally requires barangay conciliation before the Lupong Tagapamayapa as a precondition to filing in court.
What this template covers
The Doxuno Notice to Vacate template includes every element required for a Philippine eviction notice to satisfy Rule 70 jurisdictional requirements and the substantive grounds of RA 9653 and the Civil Code.
Lessor (sender) identification
Full legal name, address, contact details — Philippine market standard format
Lessee (recipient) identification
Full legal name and current address for proper service of demand
Property address and unit
Complete description of the premises subject to the lease and demand
Reference to original lease
Date of execution, term, and monthly rent for evidentiary continuity
Specific ground for eviction
RA 9653 Sec. 7 grounds (covered units) or Civil Code Art. 1673 (uncovered)
Detailed description of breach
Facts supporting the chosen ground — arrears amount, sublease evidence, etc.
Arrears calculation in PHP
Months in arrears, monthly rent, total arrears in Philippine peso (₱)
Cure period (where applicable)
7, 15, or 30 days to cure curable breaches such as rental arrears
Vacate date
Specific date by which possession must be surrendered to the lessor
Barangay conciliation reference
RA 7160 Sec. 412 prerequisite for natural-person disputes in same city
Reservation of legal remedies
Right to file unlawful detainer under Rule 70 and recover damages
Service and signature blocks
Personal service or registered mail acknowledgement for evidentiary value
How to draft your Notice to Vacate
No prior legal training required. The Doxuno generator walks you through each section to produce a professional PDF that satisfies Philippine Rule 70 jurisdictional requirements.
- 1
Identify lessor, lessee, and property
Enter your full legal name and address as lessor, the lessee's full legal name and current address (the Notice must be served on the actual occupant), and the complete property address and unit number. Reference the original lease by execution date, term, and monthly rent in Philippine peso (₱). Accurate identification supports the evidentiary chain when the notice is later attached to an unlawful detainer complaint before the Philippine Metropolitan or Municipal Trial Court.
- 2
Select the specific ground for eviction
Pick from the six grounds of Section 7 of RA 9653 if the unit is covered (rent ≤ ₱10,000 in Metro Manila or other highly urbanized cities, ≤ ₱5,000 elsewhere in the Philippines): subleasing without consent, arrears of three months, owner's legitimate need, repair order, lease expiry, or building condemnation. For uncovered or commercial premises, choose Article 1673 grounds of the Civil Code: arrears, violation of conditions, change of use, or period expiry. Indicating the wrong ground is the most common reason Philippine ejectment complaints fail.
- 3
Describe the breach in detail
Provide specific factual support for the ground chosen. For arrears, list the months unpaid and total amount in Philippine peso (e.g., "three months' rent at ₱15,000 each = ₱45,000 outstanding as of this date"). For sublease without consent, identify the sublessee or evidence of unauthorised occupation. For owner's use, declare the relationship of the immediate family member who will occupy. Vague or general allegations will be challenged by the lessee's counsel and rejected by the Philippine MTC.
- 4
Set cure period and vacate date
For curable breaches (typically arrears), Philippine practice grants a 7-, 15-, or 30-day cure period during which the lessee may pay and avoid eviction. For non-curable breaches (sublease without consent, period expiry, owner's use after notice), state the vacate date directly — typically thirty (30) days from receipt for residential and fifteen (15) days for commercial premises. The vacate date must be reasonable in light of the circumstances, otherwise the Philippine court may find the demand defective.
- 5
Serve, document, and follow up
Serve the Notice to Vacate by personal delivery (with acknowledgement of receipt) or by registered mail with return card to the lessee's address. Keep the receipt and proof of service — these are required exhibits in any subsequent unlawful detainer action under Rule 70 of the Rules of Court. If both parties are Filipino natural persons residing in the same Philippine city/municipality, file a complaint with the Lupong Tagapamayapa under Sections 408-422 of the Local Government Code (RA 7160) BEFORE filing in court — failure to do so will result in dismissal under Section 412 for lack of cause of action.
Legal considerations in the Philippines
A Notice to Vacate is a powerful but limited instrument in Philippine practice. Its effectiveness depends on strict compliance with procedural and substantive requirements.
This template is provided for informational purposes only and does not constitute legal advice. For contested cases, complex commercial premises, or doubts about Philippine law application to your specific case, please consult a licensed lawyer admitted to the Integrated Bar of the Philippines (IBP).
Reviewed by legal professionals. The content of this page and the template clauses have been reviewed against the Civil Code of the Philippines (RA 386), the Rent Control Act (RA 9653 as extended by RA 11571), the Local Government Code (RA 7160), and Rule 70 of the Rules of Court, ensuring legal soundness for ordinary residential and commercial eviction notices in the Philippines.
RA 9653 Section 7 grounds for ejectment
Section 7 of the Rent Control Act of 2009 (RA 9653, as extended until 31 December 2027 by RA 11571) lists six EXCLUSIVE grounds for the judicial ejectment of a lessee occupying a covered residential unit in the Philippines: (a) assignment of lease or subleasing of residential units in whole or in part, including the acceptance of boarders or bedspacers, without the written consent of the owner/lessor; (b) arrears in payment of rent for a total of three (3) months, provided that in case of refusal by the lessor to accept payment of the rental agreed upon, the lessee may either deposit, by way of consignation, the amount in court or with a bank in the name of and with notice to the lessor, within one (1) month after the refusal; (c) legitimate need of the owner/lessor to repossess his or her property for his or her own use or for the use of any immediate member of his or her family — provided written notice three (3) months in advance and the lessor is prohibited from leasing the unit for at least one year after; (d) need of the lessor to make necessary repairs of the leased premises which is the subject of an existing order of condemnation; (e) expiration of the period of the lease contract; (f) building has been declared condemned. No other grounds may justify ejectment from a covered unit anywhere in the Philippines.
Civil Code Article 1659 and 1673 grounds
For uncovered residential units (above the RA 9653 thresholds) and commercial premises, ejectment in the Philippines is governed by the Civil Code. Article 1659 provides that if the lessor or the lessee should not comply with the obligations set forth in Articles 1654 and 1657, the aggrieved party may ask for the rescission of the contract and indemnification for damages, or only the latter, allowing the contract to remain in force. Article 1673 specifically lists the grounds for judicial ejectment by the lessor: (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; (4) when the lessee devotes the thing leased to any use or service not stipulated which causes the deterioration thereof. These Civil Code grounds are more flexible than RA 9653 grounds and apply to all commercial leases throughout the Philippines.
Barangay conciliation prerequisite (RA 7160)
When both lessor and lessee are Filipino natural persons residing in the same Philippine city or municipality, Sections 408 to 422 of the Local Government Code (Republic Act 7160) — known as the Katarungang Pambarangay Law — require disputes to undergo conciliation before the Lupong Tagapamayapa of the barangay where the property is located, as a precondition to filing in court. The Punong Barangay must issue a Certificate to File Action before the Metropolitan or Municipal Trial Court will entertain the unlawful detainer complaint. Failure to obtain the Certificate results in dismissal under Section 412 for lack of cause of action. The requirement does NOT apply when (a) one party is a corporation, government instrumentality, or public officer acting in official capacity, (b) the parties reside in different Philippine cities or municipalities, (c) the action is coupled with provisional remedies such as preliminary injunction, or (d) the dispute involves real property located in different cities. For commercial leases between corporations, barangay conciliation is therefore typically not required.
Unlawful detainer under Rule 70 — summary procedure
After the Notice to Vacate has been served and any cure or barangay-conciliation period has lapsed without compliance, the lessor may file an unlawful detainer action under Rule 70 of the Rules of Court before the Metropolitan or Municipal Trial Court of the place where the property is located in the Philippines. Section 1 requires that the action be filed within one (1) year from the date of last demand to vacate — beyond one year, the proper action is accion publiciana before the Regional Trial Court. The action is governed by the Rules on Summary Procedure: pleadings are limited to complaint, answer, and position papers; the court must decide within thirty (30) days from receipt of the last position paper. Judgment for possession is immediately executory, but the lessee may stay execution by perfecting an appeal to the RTC, posting a supersedeas bond, and depositing monthly rent during the appeal under Section 19 of Rule 70 — a procedure unique to Philippine ejectment practice.
Frequently Asked Questions
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