Why Lessors Must Send a Demand Letter First
Under Section 2, Rule 70 of the Rules of Court, an unlawful detainer case for non-payment of rent or breach of lease conditions requires a prior written demand to pay or comply and to vacate. This demand is not merely a courtesy — it is a jurisdictional requirement. A complaint filed without prior demand will be dismissed.
This letter is what many people search for as an eviction notice, notice to vacate, or notice to pay or vacate. Philippine law has no separate standalone eviction form — the lessor's written demand to pay or vacate is the eviction notice the law requires.
The demand letter therefore serves two purposes: (1) giving the lessee a final chance to settle, and (2) creating the legal prerequisite for the court to take jurisdiction over the ejectment case.
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Get All-Access — ₱999/30 days Generate Free to previewGrounds for the Demand to Vacate
- Non-payment of rent — most common ground; demand must cover all unpaid months
- Breach of lease conditions — subletting without consent, illegal use of premises, destruction of property
- Expiration of lease term — lessee stays beyond the agreed term without renewal
- Need for owner's personal use — lessor needs the property for own occupancy (RA 9653 imposes restrictions for covered units)
Free Demand to Pay Rent or Vacate Template
Atty. Jose Manalo
Attorney-at-Law
Manalo & Associates Law Offices, 5th Floor, Ortigas Tower, Pasig City
June 1, 2026
JUAN DELA CRUZ
123 Rizal Street, Barangay San Antonio, Quezon City
Dear Juan Dela Cruz:
Our client, Maria Santos, is the lessor of the property located at 789 Bonifacio Avenue, Barangay Kapitolyo, Pasig City, leased to you under a Contract of Lease dated January 1, 2025 at a monthly rental of ₱25,000.00.
Records show that you have failed to pay your monthly rentals for 3 months, with total arrears amounting to ₱75,000.00 as of this date, despite repeated reminders from our client.
In view thereof, formal DEMAND is hereby made upon you to PAY your outstanding rental arrears in full within 15 days from receipt of this letter.
Further, DEMAND is hereby made upon you to VACATE the leased premises and surrender peaceful possession thereof to our client within the same period, by (i) returning all keys, access cards, and security devices used in connection with the premises; (ii) removing all personal belongings and effects therefrom; and (iii) leaving the premises in good and tenantable condition, reasonable wear and tear excepted.
Should you fail to comply with this demand within 15 days from receipt of this letter, our client shall be constrained to file the appropriate unlawful detainer (ejectment) case against you under Rule 70 of the Rules of Court, with corresponding claims for unpaid rentals, damages, attorney’s fees, and costs of suit.
Please give this letter your utmost preferential attention.
This demand is made without prejudice to our client’s right to recover unpaid rentals, penalties, utilities, damages, attorney’s fees, costs of suit, and other relief available under the lease and applicable law.
Very truly yours,
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