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.

   • 
     

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