Quick answer

A tenant is generally liable for rental-property damage caused by the tenant, household members, guests, or visitors—but not for deterioration caused by age, ordinary wear and tear, an inevitable event, or defects and necessary repairs that are the landlord’s responsibility.

The lease, move-in condition report, photographs, messages, inspection records, and repair receipts usually determine the outcome. A landlord may claim only damage that can be linked to the tenant and properly valued; a security deposit is not an automatic penalty or a substitute for proof. A tenant disputing a deduction should promptly request an itemized accounting and supporting documents in writing.

What Philippine law requires

Under Articles 1657 and 1665–1668 of the Civil Code of the Philippines:

A tenant must use the property with proper care and for the agreed purpose.
At the end of the lease, the tenant must return the property substantially as received, except for loss or impairment caused by the passage of time, ordinary wear and tear, or an inevitable cause.
If the lease contains no statement about the property’s initial condition, it is presumed that the tenant received it in good condition, unless contrary evidence is presented.
The tenant is generally responsible for deterioration or loss unless the tenant proves that it occurred without the tenant’s fault.
The tenant is also liable for deterioration caused by members of the household and by guests or visitors.
The special burden placed on the tenant does not apply when destruction is caused by an earthquake, flood, storm, or another natural calamity.

The landlord, meanwhile, must deliver the property in a condition fit for its intended use and make the necessary repairs required to keep it suitable, unless a valid lease provision places a particular repair obligation elsewhere. In case of doubt concerning repairs to urban property, the Civil Code generally treats them as chargeable to the landlord.

The written lease matters because contractual provisions ordinarily have the force of law between the parties, provided they do not violate law, public policy, morals, or good customs. A clause identifying who must maintain appliances, repaint walls, service air-conditioning units, or repair plumbing can therefore affect liability. It cannot, however, erase protections that the law makes mandatory.

Damage versus ordinary wear and tear

There is no universal checklist that decides every case. The distinction depends on the property’s condition at turnover, the length and manner of occupancy, the expected life of the item, the cause of the deterioration, and the lease terms.

Ordinary wear and tear may include:

Minor fading or dulling of paint caused by time and normal use
Light floor scuffs from ordinary foot traffic
Gradual loosening or aging of fixtures
Normal deterioration of older appliances despite proper use
Minor signs of occupancy consistent with the length of the tenancy

Chargeable damage may include:

Broken doors, windows, tiles, fixtures, or appliances caused by misuse
Large holes, unauthorized alterations, or repainting that violates the lease
Water damage caused by failing to report a leak promptly
Burns, heavy stains, or pet damage beyond normal use
Missing furnishings or accessories listed in a signed inventory
Damage caused by household members, guests, or visitors
Deterioration caused by using the premises for an unauthorized purpose

These examples are only guides. A cracked tile may be tenant damage if something was dropped on it, but it may be the landlord’s responsibility if the crack resulted from structural movement or defective installation. Mold may result from poor housekeeping, a concealed leak, defective waterproofing, or several causes combined. Evidence of the actual cause is critical.

The Supreme Court has recognized that a tenant must return leased property subject to the statutory exception for ordinary wear and tear and deterioration not attributable to the tenant. See Hernandez v. Development Bank of the Philippines.

Repairs that normally belong to the landlord

The landlord is generally responsible for necessary repairs that keep the property suitable for its intended use, unless the lease validly provides otherwise. These may include repairs involving:

Structural defects
Deteriorated roofing or waterproofing
Aging electrical or plumbing systems
Defective fixtures supplied with the property
Damage caused by inherent defects rather than misuse
Conditions that make a dwelling unsafe or uninhabitable

A tenant must notify the landlord as soon as reasonably possible about needed repairs. Under Article 1663 of the Civil Code, a tenant who negligently fails to give prompt notice can be liable for the additional damage caused by that delay.

If an urgent repair cannot wait and the landlord fails to act, Article 1663 allows the tenant to arrange the repair at the landlord’s cost to avoid imminent danger. This should be used cautiously: notify the landlord in writing, document the urgency, use a qualified contractor, obtain receipts, and avoid improvements beyond what is necessary to remove the danger.

A tenant should not automatically deduct repair expenses from rent without checking the lease and obtaining legal advice. Although Article 1658 permits suspension of rent when a landlord fails to make necessary repairs or maintain peaceful and adequate enjoyment, an incorrect or poorly documented withholding can lead to arrears or an ejectment case.

Natural disasters and other unavoidable events

A tenant is not automatically liable merely because damage happened during the tenancy. Damage caused by a typhoon, flood, earthquake, fire not attributable to the tenant, or another unavoidable event may fall within the Civil Code exceptions.

Liability can still become disputed if the tenant’s conduct increased the loss. For example, leaving windows open despite a typhoon warning, disabling drainage, or ignoring an obvious leak may support a claim that some damage resulted from negligence rather than the event alone.

After a calamity, both parties should:

Prioritize personal safety and report emergencies.
Photograph and record the property before cleanup, when safe.
Notify the other party and any insurer promptly.
Preserve damaged items unless immediate disposal is necessary for health or safety.
Obtain official incident, weather, fire, or barangay reports when relevant.
Separate pre-existing defects from new damage.
Avoid signing an admission of liability before the cause and extent of loss are established.

If the leased property is totally destroyed by a fortuitous event, Article 1655 of the Civil Code provides that the lease is extinguished. If destruction is partial, the tenant may choose between a proportional rent reduction and rescission, subject to the facts and any applicable contract provisions.

Security-deposit deductions

For residential units covered by the Rent Control Act, Section 7 of Republic Act No. 9653 provides that:

The landlord cannot demand more than one month’s advance rent.
The landlord cannot demand more than two months’ deposit.
The deposit must be kept in a bank under the landlord’s account name during the lease.
Interest earned must be returned to the tenant when the lease expires.
The deposit and interest may be applied to unpaid rent or utilities and to destruction of house components and accessories—but only in an amount commensurate with the monetary damage.

For 2025–2026, the current rental regulation covers specified residential units with monthly rent of ₱10,000 or less. The regulation runs through December 31, 2026 under National Human Settlements Board Resolution No. 2024-01. Coverage must be checked against the resolution, the nature and use of the unit, its rent, and the occupancy circumstances.

For units outside Rent Control Act coverage, the lease and the general Civil Code rules primarily govern the amount, handling, and return of the deposit. Even then, a landlord claiming compensation should be able to identify the breach or damage and substantiate the amount retained.

A sound deposit accounting should show:

Each damaged item or area
Its condition before and after the tenancy
Why the tenant is considered responsible
The repair or replacement work performed
Invoices, official receipts, or other reliable proof of cost
Unpaid rent or utility bills, if any
The deposit and interest received
The balance to be returned or the additional amount claimed

A full deduction for replacing an old item with a new, superior one may be disputed if it gives the landlord a windfall rather than compensating for the actual loss. The age, prior condition, expected remaining use, repairability, and lease terms may all matter.

What must be proved

The landlord should be prepared to prove:

The property’s condition at the beginning of the tenancy.
Its condition when returned or inspected.
The specific damage claimed.
The tenant’s responsibility under the law or lease.
The reasonable monetary amount of the loss.
Any unpaid rent, utilities, or other contractual charges deducted from the deposit.

The tenant should be prepared to prove any defense, such as:

The condition was already present at move-in.
The deterioration was ordinary wear and tear.
The damage arose from age, a structural defect, or an inevitable cause.
The landlord was notified of a needed repair but failed to act.
The claimed work was never performed or was unrelated to the tenancy.
The landlord is charging for an upgrade instead of restoration.
The amount has already been paid, repaired, waived, or settled.

Actual damages cannot rest on guesswork. The Supreme Court has repeatedly required competent proof of the amount actually lost. In Lomotan v. Court of Appeals, the Court explained that actual damages require competent proof and held that repair estimates alone did not prove an amount actually spent. The evidentiary result can differ where repairs have not yet reasonably been completed or where other admissible proof establishes the loss, so parties should preserve both estimates and final invoices or receipts.

Evidence both parties should preserve

Keep original or securely backed-up copies of:

The signed lease and all renewals or amendments
The move-in inventory and condition report
Dated move-in and move-out photographs and videos
Inspection notices, reports, and acknowledgments
Messages concerning defects, leaks, repairs, or access
Repair requests and the landlord’s responses
Contractor assessments, quotations, invoices, and official receipts
Proof of payment for rent, deposits, repairs, and utilities
Appliance serial numbers, warranties, and maintenance records
Incident, police, fire, barangay, building-administration, or insurance reports
Witness names and contact details
Key-turnover or surrender documents
Written proposals, admissions, releases, and settlement agreements

Photographs should show both close-up details and the surrounding area. Preserve the original files when possible because screenshots or forwarded images may omit dates and other metadata.

Practical steps for resolving the dispute

1. Review the lease and turnover documents

Identify clauses covering repairs, alterations, repainting, cleaning, pets, furnished items, inspection, security deposits, notice, dispute resolution, and attorney’s fees. Compare the signed inventory and photographs with the present condition.

2. Arrange a joint inspection

Whenever possible, inspect the property together before or immediately after turnover. Record each disputed item and allow both sides to take photographs. A signed inspection report should distinguish agreed damage from contested conditions; do not sign a statement that is inaccurate or incomplete.

3. Obtain a technical assessment when the cause is unclear

For structural cracks, electrical damage, mold, plumbing failures, or water intrusion, use a qualified engineer, electrician, plumber, contractor, or other appropriate professional. Ask the professional to identify the probable cause, necessary work, and cost—not merely provide a total price.

4. Send a written, itemized position

A landlord’s demand should identify the damage, legal or contractual basis, evidence, computation, amount credited from the deposit, and balance claimed.

A tenant’s objection should identify each disputed deduction, explain why it is ordinary wear, pre-existing, excessive, or the landlord’s responsibility, attach supporting evidence, and state the amount requested for return.

Set a reasonable response date. Keep proof that the demand was delivered.

5. Explore a documented settlement

Possible terms include:

Repair by an agreed contractor
Payment of an agreed reduced amount
Return of the undisputed deposit immediately
Installment payment
Mutual release after payment
Allocation of insurance proceeds
Withdrawal or dismissal of an existing complaint

Put the complete settlement in writing. Identify the amount, payment dates, affected property, remaining deposit, consequences of default, and whether the agreement fully settles all claims. Do not rely solely on an oral promise.

6. Determine whether barangay conciliation is required

Under Sections 408–412 of the Local Government Code, prior Katarungang Pambarangay proceedings are generally required when the parties are individuals who actually reside in the same city or municipality and the dispute falls within the lupon’s authority.

The proper barangay depends on the parties’ residence and, in disputes involving real property or an interest in it, the property’s location. Exceptions include disputes between residents of different cities or municipalities—unless their barangays adjoin and they agree to conciliation—and cases requiring urgent court action or facing imminent prescription.

If conciliation is mandatory, filing directly in court without the required Certificate to File Action can make the case premature and vulnerable to dismissal. Parties generally appear personally in barangay proceedings without lawyers, subject to the limited statutory exception for minors and incompetent persons.

7. Use small claims when the dispute is a qualifying money claim

A claim for payment or reimbursement arising from a lease may qualify for small claims if the total principal claim does not exceed ₱1,000,000, exclusive of interest and costs, and it otherwise falls within the Rules on Expedited Procedures in the First Level Courts.

Small claims are filed in the proper first-level court using the prescribed forms. Attach the lease, demand letter, proof of service, photographs, receipts, deposit accounting, barangay certification when required, and other supporting evidence. Regular venue rules generally apply. Lawyers may advise a party before the hearing, but they ordinarily may not appear as the party’s representative at the small-claims hearing unless the lawyer is personally a party.

Official forms and current court guidance are available on the Supreme Court’s Small Claims page.

Claims exceeding the threshold, claims seeking remedies beyond the scope of small claims, or disputes combined with ejectment or other relief may require a different civil action. Court jurisdiction and procedure should be checked before filing.

Common mistakes

Treating every mark, stain, or defect as tenant-caused damage
Assuming the deposit is automatically forfeited
Failing to make a move-in inventory
Repainting or repairing before documenting the disputed condition
Charging a replacement cost without considering the item’s age and prior condition
Relying only on an unsigned estimate or unsupported lump-sum computation
Ignoring written notices about leaks or defects
Withholding rent or deducting repair costs without a sound legal basis
Refusing reasonable inspection access without checking the lease
Signing a turnover report or release without reading it
Using threats, harassment, utility disconnection, seizure of belongings, or lockout as a collection method
Filing in court without first completing mandatory barangay conciliation
Waiting until evidence is lost or a prescriptive period is close to expiring

A property owner should use lawful demand and court procedures rather than forcibly removing a tenant or taking personal belongings. A tenant likewise should not retain possession, remove fixtures, or deliberately leave damage as leverage in a deposit dispute.

When legal help is urgent

Seek prompt advice from a Philippine lawyer when:

Someone has been locked out, forcibly removed, threatened, or deprived of essential utilities
The building presents an imminent risk to life or health
The dispute involves a fire, severe flooding, structural failure, serious injury, or a large insurance claim
A demand to vacate, summons, subpoena, or court order has been received
The landlord seeks ejectment while the tenant contests repairs or rent
Evidence may be destroyed or altered
The claim is near a filing deadline
The lease contains arbitration, confession-of-judgment, waiver, acceleration, or unusual penalty clauses
The amount exceeds the small-claims threshold
Ownership, authority to lease, multiple tenants, corporate parties, or succession rights are disputed
Criminal conduct, intentional destruction, fraud, or falsified documents are alleged

Qualified persons may seek assistance from the Public Attorney’s Office. The Integrated Bar of the Philippines and local legal-aid offices may also be able to provide referrals.

FAQ

Can a landlord charge the tenant for repainting?

Only when the repainting is reasonably attributable to tenant-caused damage or a valid lease obligation. Routine fading and deterioration from time and normal occupancy may be ordinary wear and tear. The condition at move-in, duration of occupancy, wall damage, lease terms, and actual repainting cost matter.

Is a tenant liable for damage caused by guests?

Generally, yes. Article 1668 of the Civil Code makes the tenant liable for deterioration caused by household members, guests, and visitors.

What if there was no move-in inspection report?

The dispute becomes more difficult. Article 1666 generally presumes that the tenant received the property in good condition if there is no statement of its initial condition, but the tenant may rebut that presumption with photographs, messages, repair records, witnesses, or other proof.

Can the landlord keep the entire deposit?

Not automatically. For a Rent Control Act-covered unit, the deposit and interest may be applied only in an amount commensurate with unpaid covered obligations or proven monetary damage. For other units, the lease governs alongside the Civil Code, but the landlord should still identify and support the amounts retained.

Must the landlord provide receipts?

Receipts and paid invoices are strong evidence of actual repair expenses. A quotation may help show what work is proposed, but an estimate alone may be insufficient to prove actual damages. The necessary proof depends on whether repairs have been completed and on all the evidence presented.

Can the tenant make the repairs personally?

Only with the landlord’s agreement or when the lease clearly permits it. Unauthorized work may worsen the dispute or violate the lease. If the parties agree, record the scope, contractor, materials, deadline, inspection method, and effect on the deposit in writing.

Can a tenant be evicted solely because damage is alleged?

Not by the landlord’s unilateral force. A violation of the lease or use that causes deterioration may support judicial ejectment under Article 1673, but the landlord must follow the applicable notice, demand, barangay, and court procedures. The existence and seriousness of the alleged breach remain matters for proof.

How long is there to file a claim?

The period depends on the legal basis. Article 1144 of the Civil Code generally provides ten years for an action based on a written contract or an obligation created by law, while other causes of action may have shorter periods. Accrual, written demands, barangay proceedings, contract terms, and the precise theory of the claim can affect the computation. Do not wait for the longest possible period; obtain advice promptly if prescription may be an issue.

Official legal sources

This article provides general legal information, not advice for a particular dispute. Liability, recoverable amounts, deadlines, and procedure depend on the lease, evidence, parties, location, and relief sought. Philippine legal sources and procedures were checked as of August 30, 2026.