Can I still buy more time, if the notice period is due, but I'm yet to see a new apartment due to scarcity of available apartments

Posted Wed, Sep 10, 2025 11:51 AM

Yes, it is possible to appeal to your landlord for extension of time within which to vacate premises. You may be required to pay rent for the proposed duration of time if the landlord is not amenable to free usage.

Remedium Reel Attorneys- 07036847908

Posted Thu, Sep 11, 2025 12:20 PM

Hello:

Yes, you may still request for more time even if your notice period is due, but the remedy depends on the terms of your lease agreement and the willingness of your landlord. Under the Civil Code of the Philippines, contracts must be complied with in good faith, and once a fixed term has expired, the lessor may rightfully demand that the lessee vacate. However, Article 1670 of the Civil Code allows what is called tacita reconducción, meaning if after the lease expires and the tenant continues enjoying the property with the landlord’s consent and without opposition, the lease is deemed renewed from month to month under the same conditions.

Practically, you have the following options:

a.) You may formally request your landlord for an extension of time to look for a new apartment, citing the scarcity of available units. This can be arranged in writing to avoid future disputes.

b.) If the landlord accepts payment of rent after the notice period, it may be considered as implied consent to extend the lease, which gives you a temporary reprieve.

c.) If the landlord insists on enforcing the notice to vacate, you need to prepare to move out, as refusal without legal ground may expose you to an ejectment case before the court.

It is best to communicate openly with your landlord and negotiate an extension, even on a month-to-month basis, while you continue searching for a suitable place. We at Recososa Law Firm can assist in drafting a proper extension agreement to protect your rights and avoid misunderstandings. We have offices in Luzon, Visayas and Mindanao. We can schedule an initial consultation via google meet or zoom call, or a physical consultation at our office. You may email us at recososalawfirm@gmail.com and indicate that you are a client from LawZana. Alternatively, you can also call or text us at +639175046510.

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