Modernization key as tenants raise standards

Tenant demand for resilient, green-certified buildings is pushing Philippine developers to modernize projects and tighten compliance, analysts said.

Property developers must ensure that their projects are updated with current building codes and leverage the expertise of third-party evaluators as more tenants prioritize safety and sustainability in their choice of office and residential spaces.

“Global occupiers increasingly prioritize buildings that are disaster-resilient, energy-efficient, and structurally sound, as this supports business continuity, employee safety, and talent retention,” Erika Recomite-Manasan, senior manager for commercial leasing at Leechiu Property Consultants, said.

She said developers that consistently modernize and upgrade their buildings are more likely to attract and retain occupiers compared to outdated properties.

The need for compliance was underscored last month when the Department of Environment and Natural Resources (DENR) flagged the Monterrazas de Cebu residential project for multiple violations of environmental standards.

Developers must secure all required permits and clearances before construction, Ms. Manasan said. These include zoning and building permits from local governments, an environmental compliance certificate from the DENR, utility clearances, an occupancy permit and a fire safety certificate.

Developers must likewise comply with geotechnical and soil testing, structural analysis under the Department of Public Works and Highways and occupational safety and health requirements from the Department of Labor and Employment.

“We advise occupiers to seek the expertise of independent third-party organizations (architectural and engineering firms) to vet the structural integrity of the building, its resilience to fire, earthquake, and flood,” she said.

Ms. Manasan also noted that more tenants are favoring developments with green building certifications amid the looming climate crisis.

These include the US Green Building Council’s LEED (leadership in energy and environmental design) certification; the International WELL Building Institute’s WELL certification; and the International Finance Corp.’s EDGE (excellence in design for greater efficiencies) certification.

Nigel Paul C. Villarete, senior adviser at technical advisory group Libra Konsult, cited the need for local governments to regularly review their comprehensive land use plans  to ensure that real estate developments comply with environmental, social and economic goals.

“It has to be revisited as frequently as possible, because development is constant, especially in urban areas like Metro Manila, Metro Cebu and other metropolitan areas,” he said.

Source: Business World

How to Terminate an Implied Lease in the Philippines: A Clear Guide for Landlords and Tenants

When people talk about “implied lease” in the Philippines, it usually refers to a situation where someone continues renting a property without a new written contract, yet the landlord keeps accepting rent. Many Filipinos don’t realize that this is a valid lease under the Civil Code—even if no paperwork exists.

But what happens when either the landlord or the tenant wants to end this arrangement?

Here’s a simple, practical guide.

What Is an Implied Lease?

Under Article 1670 of the Civil Code, an implied lease happens when:

• A written lease expires, or

• There was never a written lease, but the tenant continues occupying the property with the landlord’s consent, and the landlord accepts rent.

This creates a month-to-month lease under Philippine law.

How Do You Terminate an Implied Lease?

1. Give a 30-Day Written Notice

The law is straightforward: an implied lease in the Philippines is monthly, so either party must give 30 days’ written notice before ending it.

You can deliver notice through:

• Personal delivery

• Email or Messenger (if that is your usual communication)

• Registered mail or courier

• Viber or SMS (as long as you keep screenshots)

Tip: Keep proof that the other party received the notice. This becomes important if an ejectment case is needed later.

2. State the Date the Lease Will End

Your notice must clearly say:

• When you are giving the notice

• The exact date the lease will end (at least 30 days later)

• That you are terminating the month-to-month arrangement

This avoids misunderstandings and protects you legally.

3. Allow the 30-Day Period to Run

During this period:

• The tenant can continue staying

• Rent must still be paid

• Both parties must respect the old terms of the lease

  
  

A notice does not require the tenant to leave immediately.

4. If the Tenant Does Not Leave After 30 Days

If the notice period ends and the tenant still refuses to vacate, the landlord may file an Unlawful Detainer case at the Municipal Trial Court (MTC).

To file the case, the landlord must show:

• Proof of the implied lease (messages, receipts, screenshots)

• Proof of the 30-day written notice

• Proof that the tenant refused to leave

The court then decides whether eviction is proper.

Important: Do Not Accept Rent After the Notice Ends

If a landlord accepts rent after the end date of the notice, the implied lease is considered renewed, and the 30-day countdown resets.

To avoid this problem:

• Do not accept rent after the termination date, or

• Issue a written statement saying the payment is “for use and occupancy only,” not a renewal of the lease.

Can a Tenant Also Terminate an Implied Lease?

Yes. A tenant may also end an implied lease with 30 days’ written notice to the landlord.

Why Many Implied Lease Disputes Become Court Cases

Most problems come from:

• No written notice

• Accepting rent even after termination

• Arguments over whether consent was given

• Renting only through verbal agreements

This is why documentation—screenshots, messages, Viber, receipts—is very important.

Conclusion

Ending an implied lease is simple in principle:

1. Give a written 30-day notice.

2. State the exact end date.

3. Keep evidence of delivery.

4. File an unlawful detainer case if the tenant refuses to vacate.

   
   

Whether you’re a landlord wanting to regain possession or a tenant planning to move out, following these steps ensures the process is legal, fair, and enforceable.

Source: Ziggurat Real Estate

Can abandonment per se be grounds for termination of a tenancy relationship?

In the Philippines, abandonment alone is generally not an automatic ground for terminating a tenancy relationship. However, it can be a valid reason for termination if certain conditions are met.

Key Considerations:

1. Definition of Abandonment

   • Abandonment means that the tenant voluntarily leaves the property without intent to return and fails to pay rent or fulfill obligations under the lease.

   • It must be clear and unequivocal that the tenant has no intention to come back.

2. Legal Basis for Termination

   • Civil Code of the Philippines (Article 1673): A landlord can terminate a lease due to non-payment of rent, violation of lease conditions, or lack of occupancy for an unreasonable period.

   • RA 9653 (Rent Control Act): If the tenant abandons the unit for an extended period without notice and without paying rent, the landlord may take action.

   • Agricultural Tenancy (RA 3844 - Agricultural Land Reform Code): Abandonment of farmland without justification can be a cause for termination of tenancy.

3. What Landlords Must Do

   • Serve a notice to vacate and follow the proper legal process.

   • File an ejectment case in court if necessary.

   • Avoid self-help eviction, such as changing locks or forcibly removing belongings, which can lead to illegal eviction charges.

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When Abandonment is NOT Enough

• If the tenant still pays rent, even if absent.

• If the absence is temporary and justified (e.g., medical emergency, work abroad).

• If there is no clear intent to permanently leave the unit.

Source: Ziggurat Real Estate