Grounds for Ejectment
What Constitutes Ejectment
Ejectment is a legal remedy available to a landowner or lessor aimed at restoring possession of a property from an unlawful occupant. The grounds for ejectment are often delineated in the lease agreement and are further governed by Philippine laws, primarily the Civil Code of the Philippines and the Rules of Court.
Legal Framework
Under the Civil Code, particularly Articles 1673 and 1677, various grounds for ejectment exist such as expiration of lease term, violation of contract stipulations, and failure to pay rent. Moreover, Article 1677 specifically allows the lessor to eject the lessee if the latter does something upon the thing leased that results in impairment or harm to the lessor.
Unauthorized Construction
The construction of additional structures without the consent of the lessor can be considered a substantial violation of the lease agreement, potentially amounting to impairment or harm to the lessor. This action may also violate specific zoning or building codes, rendering it illegal on another level.
Procedure for Ejectment
- Notice to Quit: A formal written notice served to the tenant specifying the violation and providing a period to remedy the situation.
- Legal Action: If the issue remains unresolved, the lessor may file a complaint for ejectment with the Municipal Trial Court.
- Adjudication: The court hears the case and may issue a decision ordering the ejectment of the tenant, along with potential damages and costs.
Important Considerations
- Gathering evidence is crucial. Photographic or video evidence of the unauthorized construction can serve as compelling proof.
- Consultation with a legal expert is highly recommended for the proper filing of cases and representation in court.