Eviction Notice Due to Rental Arrears During the Pandemic in the Philippines

Query:

The individual has a rental balance of two months due to the pandemic. The landlord has refused to accept their monthly payments for the past few months, leading to a total balance of six months or 30,000 PHP (5k per month). Now the landlord has handed them an eviction notice.

Answer:

Relevant Laws:

Republic Act No. 9161 or the "Rental Reform Act of 2002"
Bayanihan to Recover as One Act (Bayanihan 2)

Can the Landlord Issue an Eviction Notice?

According to the "Rental Reform Act of 2002," landlords have the right to issue eviction notices for non-payment of rent. However, due to the pandemic, special provisions under the Bayanihan 2 Act offer temporary relief for tenants. If these conditions are met, eviction may be temporarily halted.

What Can You Do?

Negotiate with the Landlord: Due to the special circumstances of the pandemic, try to negotiate a payment plan for the back rent.
Document Communication: Keep records of any communication with the landlord, as well as any attempts to pay the rent, as evidence.
Check Local Policies: Some local government units have specific ordinances that provide additional protection to tenants during the pandemic. Make sure to verify these.
Consult a Lawyer: Given the legal complexities, consult a lawyer to understand your rights and responsibilities better and to help you take appropriate legal action if necessary.

Summary:

While landlords generally have the right to issue eviction notices for unpaid rent, the Bayanihan 2 Act and other special measures due to the pandemic might offer some temporary relief. Consult a lawyer and check local ordinances for your specific situation.

Note: This article is intended for informational purposes only and should not be construed as legal advice. Consult a qualified lawyer for advice tailored to your specific circumstances.