Demand Letter for Ejectment

What is a Demand Letter for Ejectment?

A Demand Letter for Ejectment should be used when the owner of a property wants to recover the possession of the property from a person who is currently possessing the same (the "possessor"). This should be used when the possessor unlawfully withholds possession of the property after his right to possession is terminated i.e. when a lease contract ends, or when the possessor forcibly entered or trespassed the property and stayed thereon.

What are the different types of Demand Letters?

• Demand Letter for Ejectment. This is used when the owner of a property wants to take back or recover the possession of the property from a person who is currently possessing the same.
• Monetary Demand Letter. This is used to demand the payment of money owed by another person.
• Demand Letter for Return of Security Deposit. This is a document that a tenant can use to demand the return of the security deposit under a lease contract.

Is it mandatory to have a Demand Letter for Ejectment?

Generally, it is not necessary to send a demand letter before beginning judicial proceedings to recover possession of the property. However, if the judicial proceedings will be for unlawful detainer, it is necessary for the landlord/owner to first send a demand letter to the tenant or the person occupying the property to pay the rent or comply with the conditions of the lease contract and to vacate the property. An exception to this exception is if the unlawful detainer is based on the expiration of the lease, in which case a demand letter is not necessary.

What is an Unlawful Detainer?

There is an unlawful detainer when the possessor unlawfully withholds possession of the property after his right to possession is terminated. The right of the possessor to possess the property can come from an express contract, such as a lease agreement, or an implied contract, such as when the owner allows the possessor to enter and stay on the property out of the generosity of the owner.

Examples of unlawful detainer are:

• When a tenant fails to pay rent and refuses to vacate the property despite the demand of the owner,
• When a tenant fails to comply with a condition in the lease contract and refuses to vacate the property despite the demand of the owner,
• When the owner allows another person to enter and stay on the property and the person refuses to vacate and surrender the property upon demand of the owner, or
• When the lease period ends and the tenant refuses to return the property.

In the given examples, the person in possession of the property had a right to possess the property (because of the lease contract or the consent of the owner) and the said right ended (by the demand of the owner to vacate and surrender the property or the expiration of the lease).

What must a Demand Letter for Ejectment contain?

A Demand Letter for Ejectment contains the following information:

• The details of the owner of the property (the sender),
• The details of the possessor of the property (the recipient),
• The causes of ejectment and its details, and
• The contact details of the sender.

What are the prerequisites of a Demand Letter for Ejectment?

In cases where the possessor is a tenant and is requested to leave the property, take note of the following prerequisites:

• If the property is located in the National Capital Region or highly urbanized cities and the total monthly rent ranges from One Peso (P1.00) to Ten Thousand Pesos (P10,000.00), or if the property is located in other areas and the monthly rent ranges from One Peso (P1.00) to Five Thousand Pesos (P5,000.00), then he can only be evicted from the property in the following cases:
  • If the possessor missed payment for at least three months,
  • If the possessor violated the lease agreement such as assignment of the lease or subleasing of the property, or acceptance of boarders or bed spaces, without the written consent of the owner,
  • If the owner wants to repossess the property for his use or the use of an immediate member of his family, provided that the owner has notified the tenant of his desire to repossess the property, 3 months in advance of the date of repossession,
  • If the owner needs to make necessary repairs if so required by the appropriate authorities to make the property safe and livable, or
  • If the lease agreement has ended.
• On the other hand, if the property is located in the National Capital Region or highly urbanized cities and the total monthly rent exceeds Ten Thousand Pesos (P10,000.00), or if the property is located in other areas and the monthly rent exceeds Five Thousand Pesos (P5,000.00), the grounds for eviction are less strict because the possessor can be asked to leave if he does not comply with the lease agreement such as failure to pay rent, violation of the terms and conditions thereon, or when the lease agreement has ended. In other words, the terms and conditions of the lease agreement will apply as to when the possessor should leave or be evicted.

In cases where the possessor is not a tenant or has no existing agreement with the owner of the property such as lease, the possessor can be asked to leave the property without any qualification similar to the previous paragraphs.

Who is involved in a Demand Letter for Ejectment?

The sender is the person who owns the property and wants to demand another to leave the same. And the recipient is asked to leave the property. The sender must affix his signature thereon to signify that he wants to eject or ask the possessor to leave the property.

What has to be done once the Demand Letter for Ejectment is ready?

If it will be sent via registered mail, at least two original copies should be printed. Both original copies of the letter should be signed by the sender (the person who is asking the other to leave the property), one original copy should be kept by the sender and the other should be sent to the recipient (the possessor) by registered mail. After sending, the registry receipt or mail receipt in relation to the mailing of the second original copy must be kept by the sender.

If it will be sent via email, the sender must send an email attaching one scanned copy of the letter that is duly signed by the sender or one digital copy that is electronically signed by the sender. An email is a recommended way of sending this letter as the letter is sent instantly and it will enable the parties to keep their records in a convenient manner.

Which documents should be attached to the Demand Letter for Ejectment?

The documents showing the sender's proof of ownership over the property should be attached if desired. Examples of these documents are a copy of the Transfer Certificate of Title of the property involved, and its tax declaration.

What are the costs involved in the finalization of the Demand Letter for Ejectment?

Costs for sending the Demand Letter may depend on the method used by the sender in sending the letter. Email and instant messaging are the most cost-efficient ways of sending a letter as they are generally free, whereas costs for registered mail or courier will be dependent on the distance between the residence of the sender and the recipient.

Which laws are applicable to a Demand Letter for Ejectment?

There are no laws outlining the requirements for a Demand Letter for Eviction except if the cause is unlawful detainer. If the cause is unlawful detainer, the Rules of Court provides that the demand must be to pay or comply with the conditions of the lease and to vacate the property. It also provides for the proper mode of service (or delivery) of the demand letter. The Rent Control Act is applicable in cases where the property is located in the National Capital Region or highly urbanized cities and the total monthly rent ranges from One Peso (P1.00) to Ten Thousand Pesos (P10,000.00), or if the property is located in other areas and the monthly rent ranges from One Peso (P1.00) to Five Thousand Pesos (P5,000.00).

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