Article 1670 of the Civil Code: Implied new lease
Status: In force
What does Article 1670 say?
If at the end of the contract the lessee should continue enjoying the thing leased for fifteen days with the acquiescence of the lessor, and unless a notice to the contrary by either party has previously been given, it is understood that there is an implied new lease, not for the period of the original contract, but for the time established in articles 1682 and 1687. The other terms of the original contract shall be revived.
What does it mean in plain language?
Article 1670 of the Civil Code deals with a tenant who stays after the lease ends. If the tenant keeps using the place for fifteen days with the landlord's acquiescence, and neither side gave a notice to the contrary before, the law creates an implied new lease. The new lease is not for the old period: with monthly rent, it runs month to month. The other terms of the old contract come back into force.
How does it work in real life?
Dina's month-to-month lease
Dina's one-year lease of an apartment ends on 31 March. She stays on and keeps paying the monthly rent, and the owner accepts it without objection for more than fifteen days. No notice to vacate was given. An implied new lease arises, from month to month, on the old terms except the period.
The owner sends a notice
Two months later, the owner sends Dina a written notice to vacate. Following Samelo, the month-to-month lease ends at the end of that month, and if Dina stays, her possession becomes unlawful detainer.
A letter before the end
In another case, the owner writes to the tenant before the lease ends: the contract will expire and will not be renewed. Following Buce, that letter counts as a notice to vacate, and no implied new lease arises even if the tenant stays.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- A landlord who wants the tenant out must still go through the proper steps and, if needed, a court case. See how to evict a tenant and unlawful detainer.
- Disputes between a landlord and tenant who live in the same city or municipality usually go first to the barangay. See do you need to go to the barangay first?
- A lease for more than one year needs a signed writing to be enforced by action, unless ratified. See Article 1403.
- For free or low-cost legal help, see where to find legal help.
- For a question-and-answer guide, see your lease has expired: can you stay?
What does Article 1670 say?
If at the end of the contract the lessee should continue enjoying the thing leased for fifteen days with the acquiescence of the lessor, and unless a notice to the contrary by either party has previously been given, it is understood that there is an implied new lease, not for the period of the original contract, but for the time established in articles 1682 and 1687. The other terms of the original contract shall be revived.
In Samelo v. Manotok Services (2012), the Supreme Court listed three requisites for an implied new lease (tacita reconduccion):
- The term of the original lease has expired.
- The lessor has not given the lessee a notice to vacate.
- The lessee continued enjoying the thing leased for fifteen days with the acquiescence of the lessor.
How long does the new lease last?
Article 1687 sets the period when none is fixed:
If the period for the lease has not been fixed, it is understood to be from year to year, if the rent agreed upon is annual; from month to month, if it is monthly; from week to week, if the rent is weekly; and from day to day, if the rent is to be paid daily.
The same article lets courts fix a longer term in some cases, for example after a tenant paying monthly rent has occupied the place for over one year.
In Samelo, the Court said a lease from month to month is one with a definite period that "expires at the end of each month upon a demand to vacate by the lessor."
How does the landlord end it?
With a notice to vacate. In Samelo, the Court said a notice to vacate is an express act showing the lessor no longer consents to the tenant's occupation. After it, the tenant's right to stay ends, and continued possession becomes unlawful detainer.
In Buce v. Spouses Galeon (2020), the lessors' letter reminding the tenant that the contract had expired and would not be renewed was treated as a notice to vacate. Because of it, no implied new lease arose.
Can the landlord go to court once the lease ends?
Article 1673 lists the causes for which the lessor may judicially eject the lessee. The first one is the end of the lease period:
(1) When the period agreed upon, or that which is fixed for the duration of leases under articles 1682 and 1687, has expired;
The other causes are non-payment of rent, violation of the conditions of the contract, and use of the place for something not agreed that causes it to deteriorate.
Rent control. Section 12 of the Rent Control Act (Republic Act No. 9653) suspends Article 1673(1) for residential units covered by that Act, except when the lease is for a definite period. Section 9 of the Act lists its own grounds for ejecting a tenant of a covered unit, including the expiration of the period of the lease contract, and Section 10 says the sale or mortgage of the property alone is not a ground. Which units are covered, and for how long the Act applies, depends on the monthly rent and on later government resolutions, which this page does not cover.
Frequently asked questions
What is an implied new lease?
It is a new lease created by law when a tenant stays on for fifteen days after the lease ends with the landlord's acquiescence, and neither side gave notice to the contrary. It is also called tacita reconduccion.
How long does an implied new lease last?
Not for the period of the old contract. Article 1670 refers to Articles 1682 and 1687: if the rent is paid monthly, the lease is from month to month; if yearly, from year to year.
Do the old terms still apply?
Yes, except the period. Article 1670 says the other terms of the original contract are revived.
How does a landlord stop an implied new lease?
By a notice to vacate. In Samelo v. Manotok Services (2012), the Court said a notice to vacate shows the lessor no longer consents to the occupation; after it, the tenant's stay becomes unlawful detainer. In Buce v. Spouses Galeon (2020), a notice that the contract would not be renewed was treated as a notice to vacate.
Can a landlord eject a tenant just because the lease expired?
Article 1673(1) allows judicial ejectment when the lease period has expired. For residential units covered by the Rent Control Act, Section 12 of Republic Act No. 9653 suspends that ground, except when the lease is for a definite period.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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