The Formal Eviction Notice is a critical legal instrument in Philippine property law, used when a landlord needs to terminate a tenancy and require the tenant to vacate the property. This document must be prepared in accordance with the Civil Code of the Philippines, the Rent Control Act, and relevant local ordinances. It is typically used in situations involving non-payment of rent, violation of lease terms, expiration of lease period, or when the property owner requires the property for personal use. The notice must include specific elements such as clear identification of parties, property details, grounds for eviction, and the mandated notice period. The document serves as evidence in legal proceedings if the tenant fails to comply, and proper service of this notice is a prerequisite for filing an ejectment case in Philippine courts.
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1. Header and Date: Formal letterhead, current date, and clear labeling as 'NOTICE OF EVICTION'
2. Landlord Details: Complete name and contact information of the property owner or authorized representative
3. Tenant Details: Full name(s) and current contact information of all tenants being served with the notice
4. Property Description: Complete address and description of the leased property
5. Legal Grounds for Eviction: Clear statement of the specific legal basis for eviction under Philippine law
6. Notice Period: Specification of the legally required notice period and final date by which the tenant must vacate
7. Amount Due: If applicable, detailed breakdown of any rent arrears or other amounts owed
8. Compliance Requirements: Specific actions the tenant must take to comply with the notice
9. Legal Consequences: Statement of legal actions that will be taken if tenant fails to comply
10. Signature Block: Landlord or authorized representative's signature with date
1. Opportunity to Cure: Section outlining how tenant can remedy the situation to avoid eviction, used when eviction is due to curable violations
2. Property Damage Details: Detailed description of property damages when this is the basis for eviction
3. Previous Notices: Reference to previous warnings or notices served, used when there is a history of violations
4. Forwarding Address Request: Request for tenant to provide forwarding address for security deposit return
5. Alternative Dispute Resolution: Information about available mediation services, used when required by local ordinances
1. Proof of Service: Documentation showing proper service of the eviction notice
2. Rental Agreement: Copy of the original lease agreement referenced in the notice
3. Payment History: Record of rent payments and arrears if eviction is due to non-payment
4. Photographic Evidence: Photos documenting property damage or lease violations if applicable
5. Previous Correspondence: Copies of previous notices, warnings, or relevant communication with tenant
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