The 5 Day Notice to Quit is a fundamental document in Philippine property law, used when property owners or their representatives need to formally demand that tenants vacate a property. This notice is typically issued in response to serious lease violations, non-payment of rent, or other substantial breaches of rental agreements. Under Philippine jurisdiction, particularly as governed by the Civil Code and the Rules of Court, this notice must be properly served and documented as it forms the basis for subsequent legal action if the tenant fails to comply. The document must clearly state the grounds for eviction, identify all relevant parties, and specify the five-day compliance period. It serves as a crucial first step in the formal eviction process and must be carefully drafted to ensure compliance with local housing laws, including the Rent Control Act where applicable.
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1. Header Information: Date, recipient's name and address, property address, and formal notice title
2. Landlord/Property Owner Details: Full legal name and contact information of the property owner or authorized representative
3. Tenant Identification: Full legal name(s) of all tenants being served with the notice
4. Property Description: Complete and accurate description of the rental property, including unit number if applicable
5. Legal Grounds for Eviction: Clear statement of the specific violation or reason for eviction under Philippine law
6. Notice Period: Explicit statement of the 5-day notice period and deadline for compliance
7. Required Action: Clear description of what the tenant must do (quit the premises) within the specified timeframe
8. Legal Consequences: Statement of legal action that will be taken if tenant fails to comply within 5 days
9. Signature Block: Landlord or authorized agent's signature, printed name, and date
1. Rental Payment History: Include when eviction is due to non-payment of rent, showing amounts and dates of missed payments
2. Specific Violations: Detailed description of lease violations when eviction is based on breach of lease terms
3. Property Damage Details: Description of damage to property if this is a basis for eviction
4. Prior Notices Referenced: Include when previous warnings or notices have been issued to the tenant
5. Witness Statement: Added when there are witnesses to violations or when required by local regulations
6. Return of Security Deposit: Information about security deposit handling if applicable under the circumstances
1. Proof of Service: Documentation showing how and when the notice was served to the tenant
2. Photographic Evidence: Photos of property damage or lease violations if applicable to the case
3. Prior Communications Log: Record of previous relevant communications with tenant
4. Lease Agreement Copy: Copy of the original lease agreement showing violated terms
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