SECTION 5. Grounds for Judicial Ejectment. - Ejectment shall
be allowed on the following grounds:
(a) Assignment of lease or subleasing of residential units in whole
or in part, including the acceptance of boarders or bedspacers, without
the written consent of the owner/lessor.
(b) Arrears in payment of rent for a total of three (3) months: Provided,
That in case of refusal by the lessor to accept payment of the
rental agreed upon, the lessee may either deposit, by way of
consignation, the amount in court, or with the city or municipal
treasurer, as the case may be, or in a bank in the name of and with
notice of the lessor, within one month after the refusal of the lessor
to accept payment.
The lessee shall thereafter deposit the rental within ten days of
every current month. Failure to deposit rentals for three months shall
constitute a ground for ejectment. If an ejectment case is already
pending, the court upon proper motion may order the lessee or any person
or persons claiming under him to immediately vacate the leased premises
without prejudice to the continuation of the ejectment proceedings. At
any time, the lessor may, upon authority of the court, withdraw the
rentals deposited.
The lessor, upon authority of the court in case of consignation and
upon joint affidavit by him and the lessee to be submitted to the city
or municipal treasurer and to the bank where deposit was made, shall be
allowed to withdraw the deposits.
(c) Legitimate need of owner/lessor to repossess his property for his
own use or for the use of any immediate member of his family as a
residential unit, such owner or immediate member not being the owner of
any other available residential unit within the same city or
municipality: Provided, however, That the lease for a definite
period has expired: Provided, further, That the lessor has
given the lessee formal notice three (3) months in advance of the
lessor's intention to repossess the property: and Provided, finally,
That the owner/lessor is prohibited from leasing the residential
unit or allowing its use by a third party for at least one year.
(d) Absolute ownership by the lessee of another dwelling unit in the
same city or municipality which he may lawfully use as his residence:
Provided That the lessee shall have been formally notified by the lessor
of the intended ejectment three months in advance.
(e) Need of the lessor to make necessary repairs of the leased
premises which is the subject of an existing order of condemnation by
appropriate authorities concerned in order to make the said premises
safe and habitable: Provided, That after said repair, the lessee ejected
shall have the first preference to lease the same premises: Provided,
however, That the new rental shall be reasonably commensurate with the
expenses incurred for the repair of the said residential unit: and Provided,
finally, That if the residential unit is condemned or completely
demolished, the lease of the new building will no longer be subject to
the provision of this Act.
(f) Expiration of the period of the lease contract.
No lessor or his successor-in-interest shall be entitled to eject the
lessee upon the ground that the leased premises has been sold or
mortgaged to a third person regardless of whether the lease or mortgage
is registered or not.
