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