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3/15/2018 Rent control law does not cover commercial space - The Manila Times Online

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Rent control law does not cover


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OWNER CANNOT EJECT TENANTS OF


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LEASED PROPERTY COVERED BY RENT
CONTROL ACT
Dear PAO, JULY 09, 2013 1 COMMENT
Dear PAO, I am renting an apartment in Makati
I am leasing a commercial space for P5,000 a month. My tenant City. The property was bought last October 2012,
who is a barbershop owner is insisting that I cannot evict him as and..

yet because he is paying rent. He claims that under the Rent Control
Law, the lessor cannot eject the lessee unless he fails to pay rent for
Persida
at least three months. Our contract of lease has already expired.
Acosta
Can I force my lessor to leave because I am having a difficult time
dealing with him? Besides, I don’t want to extend our contract
anymore.
Ruben

Dear Ruben,
The contract of lease you entered into with your tenant is not covered by the Rent
Control Law. Republic Act (R.A.) 9653 or the Rent Control Act of 2009, covers only
residential units. Section 5 thereof provides: THE PARAMOUNT CONSIDERATION IN
THE CRIME OF TRESPASS TO DWELLING
MARCH 06, 2015
“Section 5. Coverage of this Act. – All residential units in the National Capital Region Dear PAO, My husband and I are already separated
and other highly urbanized cities, the total monthly rent for each of which ranges and we are now living with our respective partner..

from One peso (P1.00) to Ten thousand pesos (P10,000.00) and all residential units DENNIS ROLDAN METED LIFE FOR
in all other areas, the total monthly rent for each of which ranges from One peso KIDNAPPING
AUGUST 26, 2014
(P1.00) to Five thousand pesos (P5,000.00) as of the effectivity date of this Act shall ACTOR Dennis Roldan, whose real name is Mitchell
be covered, without prejudice to existing contracts.” Gumabao, was meted life imprisonment on Tuesday
f..

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Clearly, the commercial space you are leasing to your tenant is not covered by the
abovementioned law. It is the provisions of the New Civil Code of the Philippines Subscribe to our mailing list

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3/15/2018 Rent control law does not cover commercial space - The Manila Times Online

that govern it. The code provides that a lessor may eject a lessee under the following
circumstances:

“Art. 1673. The lessor may judicially eject the lessee for any of the following causes:

(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;

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(3) Violation of any of the conditions agreed upon in the contract; MARCH 14, 2018

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(4) When the lessee devotes the thing leased to any use or service not stipulated MARCH 14, 2018

which causes the deterioration thereof; or if he does not observe the requirement in Nurse tops PMA class of 2018
MARCH 14, 2018
No. 2 of Article 1657, as regards the use thereof.
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Since according to you the contract of lease has expired, you may compel your lessee for drugs, robbery nabbed in Quezon City
to vacate the commercial space you are leasing to him. However, if you let him stay MARCH 14, 2018

for fifteen days more after the expiration of the contract, an implied new lease is Torture history dogs CIA nominee Gina
created (Article 1670, New Civil Code of the Philippines). Haspel
MARCH 14, 2018

The period of the new lease is not, however, the same with the stipulated period in
the original contract agreed upon, but in accordance with Article 1682 of the New
METRO MANILA
Civil Code of the Philippines, to wit:
Thursday Mar. 15, 2018 FRI SAT SUN

“Art. 1687. If the period for the lease has not been fixed, it is understood to be from 32 °C
year to year, if the rent agreed upon is annual; from month to month, if it is monthly; 22 °C
34 °C 34 °C 33 °C
from week to week, if the rent is weekly; and from day to day, if the rent is to be paid 24 °C 24 °C 24 °C

daily. However, even though a monthly rent is paid, and no period for the lease has
been set, the courts may fix a longer term for the lease after the lessee has occupied
the premises for over one year. If the rent is weekly, the courts may likewise
determine a longer period after the lessee has been in possession for over six months.
In case of daily rent, the courts may also fix a longer period after the lessee has
stayed in the place for over one month.”

Again, we find it necessary to mention that this opinion is solely based on the facts
you have narrated and our appreciation of the same. The opinion may vary when the
facts are changed or elaborated.

We hope that we were able to guide you with our opinion on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions
for Chief Acosta may be sent to dearpao@manilatimes.net

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4 COMMENTS

JUAN DELA CRUZ on JULY 2, 2014 10:17 PM

The lessor of the commercial space I’m renting at present handed me a new contract
with only a 1-month duration. Previous contract was 1 year. I have been religiously
paying my rent so now I’m confused and nervous because I invested a lot to put up this
shop and apparently I can be evicted if the lessor wishes to do so after the new contract
expires next month. Is there anything that can help me prevent that from happening?

ATTY. ROSLEE M. FORMOSO on JUNE 25, 2014 10:08 AM

Commercial leases are always covered by a contract which is controlling. It is stipulated


that 90 days prior to the end of the lease, the lessee shall send “notice to renew” in
writing otherwise his failure shall terminate the lease and Art. 1687, implied lease cannot
be enforce. At the end of the lease without having renewed the lease the lessee shall be
ejected from the premises.

RAFAEL DELA CRUZ on JULY 17, 2014 4:29 PM

My Landlord plans to evict me so that he can get a tenant that can pay more
rent than I currently pay. We have no contract but I’ve been renting the place
for 8 years, it is lawful for my landlord to evict me? Hope you could help me in
this query. Thank you in advance.

ATTY. ROSLEE M. FORMOSO on JUNE 24, 2014 11:49 PM

May I add, in commercial leases the contract is controlling, usually a stipulation


common to is that before 90 days to expiration the lessee should manifest in writing that
they wish to renew the contract for the same period and same terms and condition,
otherwise failure to provide notice of intent to renew the contract is deem to terminated,
and the lessee is to vacate prior or on the termination day. In commercial leases in real
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practice there is no such thing as implied renewal. Article 1687 cannot be applied

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3/15/2018 Rent control law does not cover commercial space - The Manila Times Online

because at the failure of the lessee to give notice to renew prior 90 days, the lease
contract is deem ended and one day of occupancy without the renewal the lessor sue for
ejectment or unlawful detainer.

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