Quick answer

A tenant is generally liable for damage caused by the tenant’s fault, misuse, unauthorized alterations, or the acts of household members, guests, and visitors. The tenant is not ordinarily liable for deterioration caused by age, normal use, ordinary wear and tear, an inevitable cause, or repairs that legally or contractually belong to the landlord.

The lease, move-in condition report, photographs, repair history, notices, and proof of actual repair costs usually determine the result. A security deposit may be applied only to legitimate obligations and proven loss—not kept automatically as a penalty. Any undisputed balance should be returned.

Neither side should rely on self-help. A landlord should not change locks, seize belongings, cut utilities, or forcibly remove an occupant merely because damage is alleged. A tenant should not ignore damage, conceal it, or automatically treat the deposit as the final month’s rent.

The governing Philippine rules

Under the Civil Code provisions on lease:

The landlord must deliver the property fit for its intended use, make necessary repairs during the lease unless validly stipulated otherwise, and maintain the tenant’s peaceful and adequate enjoyment.
The tenant must use the property with proper care and according to 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, the law presumes that the tenant received it in good condition unless contrary proof is presented.
A tenant is responsible for deterioration or loss unless the tenant proves that it occurred without fault. The special burden placed on the tenant does not apply when destruction is due to an earthquake, flood, storm, or another natural calamity.
The tenant is also liable for deterioration caused by household members, guests, and visitors.

The parties’ valid lease terms generally have the force of law between them. A clause assigning minor repairs, maintenance, repainting, or particular kinds of damage should therefore be checked carefully. A lease term cannot override a mandatory law, public policy, or a statutory protection that applies to the tenancy.

Damage is different from ordinary wear and tear

Philippine law does not provide a universal checklist, lifespan table, or automatic percentage for “ordinary wear and tear.” The classification depends on the item’s age and quality, the length and intensity of occupancy, the property’s move-in condition, the cause of the problem, and the tenant’s response after discovering it.

More likely tenant-caused damage	More likely wear, age, or landlord repair
A door, lock, window, or cabinet broken through force or misuse	Loose hinges, faded finishes, or worn hardware after normal long-term use
Burns, deep gouges, large unauthorized holes, or deliberate markings	Minor wall scuffs, small nail holes, or faded paint consistent with ordinary occupancy
Missing fixtures, keys, furnishings, or inventory items	Appliances or fixtures that fail because of age or an inherent defect
Pet damage attributable to an animal kept by the tenant	Roof, structural, electrical, or plumbing deterioration not caused by the tenant
Drain or toilet damage caused by improper objects or misuse	Clogging caused by a defective or deteriorated building system
Water damage worsened because the tenant failed to report an obvious leak promptly	Water damage caused by a concealed leak that the landlord failed to repair after receiving notice
Unauthorized alteration that damages the property when removed	Deterioration caused by time, normal traffic, or an inevitable event

These are indicators, not automatic legal conclusions. Mold, cracked tiles, pest infestations, plumbing failures, and water damage are especially fact-dependent. The source of the problem, prior complaints, ventilation and maintenance practices, repair attempts, and the speed of each party’s response may all matter.

Who must prove the claim?

A landlord demanding money should be able to establish:

The property’s relevant condition before or at move-in;
The condition when the tenant surrendered it;
The specific deterioration complained of;
Why it is beyond ordinary wear and tear;
How the tenant, household member, guest, or visitor caused or aggravated it; and
The reasonable amount of the resulting pecuniary loss.

The tenant should present evidence of pre-existing defects, earlier repair requests, normal aging, hidden building defects, natural calamities, or other facts showing that the loss occurred without the tenant’s fault.

The Civil Code presumption against the tenant does not eliminate the landlord’s need to prove that deterioration exists and that the amount claimed is real. Actual or compensatory damages must be supported by competent proof and cannot rest on speculation.

In Philippine-Japan Active Carbon Corporation v. Borgaily, the Supreme Court upheld the application of a security deposit to repair expenses where photographs showed substantial damage and the repairs were supported by receipts. The remaining deposit had to be returned. The decision illustrates why before-and-after photographs, notice of inspection, and repair receipts can be decisive.

A quotation or contractor’s estimate can help explain a proposed settlement. Once repairs have been completed, official receipts, invoices, proof of payment, and photographs of the work are stronger evidence of actual loss. Charges for upgrades, unnecessary renovations, or unrelated improvements should not be passed to the tenant merely by labeling them “repairs.”

Security-deposit deductions

If the unit is covered by the Rent Control Act of 2009, Republic Act No. 9653, the landlord may not demand more than one month’s advance rent and two months’ deposit. The deposit must be kept in a bank under the landlord’s account during the lease, and accrued interest belongs to the tenant at expiration, subject to lawful deductions.

Section 7 permits the deposit and interest to be applied to unpaid rent, utilities, or destruction of house components and accessories—but only in an amount commensurate with the pecuniary damage. This means:

The deposit is not an automatic forfeiture merely because damage is alleged.
A small loss does not ordinarily justify keeping the entire deposit.
The landlord should provide a calculation and supporting documents.
Any balance remaining after lawful deductions should be returned.
If proven damage exceeds the deposit, the deposit does not necessarily cap the tenant’s liability; the landlord may pursue the documented shortfall.

Neither the Civil Code nor RA 9653 sets one universal number of days for returning every residential security deposit. Check the lease for an agreed deadline. Once the tenancy has ended and obligations can reasonably be determined, the tenant should make a written demand for the deposit or undisputed balance.

Separately, the current rent-increase rule is found in NHSB Resolution No. 2024-01. For 2026, it generally limits the increase to 1% for a covered residential unit whose 2025 rent was ₱10,000 or less, while the same tenant continues or renews. That resolution runs only through December 31, 2026. Rent-control coverage and a damage claim are separate questions: a property outside the current rent-increase cap is still governed by the lease and Civil Code.

What to do as soon as damage is discovered

1. Prevent further loss

Take reasonable safety measures without destroying evidence. Shut off water or electricity when necessary and safe, move belongings away from an active leak, and call emergency services for a fire, gas leak, or immediate danger.

The tenant must notify the owner within the shortest possible time of repairs for which the owner may be responsible. If the landlord fails to make an urgent repair, the Civil Code permits the tenant to order it at the landlord’s cost when necessary to avoid imminent danger. Keep the notice, photographs, contractor findings, receipts, and proof that the situation was urgent.

2. Document the condition

Preserve:

The signed lease and all amendments;
Move-in and move-out inventories;
Dated photographs and full-room videos;
Inspection reports and turnover forms;
Messages reporting leaks, defects, pests, or repair requests;
Maintenance records, warranties, and earlier invoices;
Incident reports, building-administration records, and insurance correspondence;
Contractor quotations, invoices, receipts, and proof of payment;
Rent, utility, and deposit records; and
Messages arranging inspection or surrender of keys.

Keep the original files when possible. Cropped screenshots may omit dates, sender details, or context.

3. Arrange a joint inspection

A joint inspection is best conducted before repairs begin, except when immediate work is needed for safety or to prevent further damage. List each disputed item separately and let both sides photograph it.

Signing an inspection record should not be treated as an admission unless the document clearly says so. A party who disagrees should write the disagreement on the form before signing or send a prompt written correction.

4. Exchange an itemized written position

A landlord’s demand should state:

The damaged component;
Its move-in and move-out condition;
The alleged cause;
The relevant lease clause or legal basis;
The proposed repair or replacement;
The amount claimed and supporting documents;
The application of the deposit; and
The amount, if any, to be returned or still owed.

The tenant’s reply should identify which items are accepted and disputed, attach contrary evidence, request missing proof, and propose an inspection or reasonable settlement.

5. Settle undisputed amounts

The tenant may pay an undisputed charge without admitting the rest. The landlord may return the undisputed portion of the deposit while reserving a documented claim for the disputed balance.

Put any settlement in writing. Identify the property, covered claims, payment date, turnover of keys, return of the deposit, and whether the agreement fully settles the dispute. Do not sign a broad waiver without understanding what rights are being released.

Repair responsibilities during the tenancy

The landlord’s default duty is to make necessary repairs that keep the property suitable for its intended use, unless a valid agreement assigns a particular repair differently. The tenant must promptly report the need for those repairs and may become liable for additional damage caused by an unreasonable failure to report.

If urgent repairs cannot wait until the lease ends, the tenant generally must tolerate the work. When such repairs last more than 40 days, Article 1662 provides for a proportional rent reduction based on the period and portion of the property of which the tenant was deprived. If the work makes the part needed by the tenant and family uninhabitable, the tenant may rescind a residential lease.

If a dwelling creates an imminent and serious danger to life or health, Article 1660 allows the tenant to terminate the lease immediately by notifying the landlord—even if the tenant knew of the condition or previously waived rescission on that ground.

A tenant considering rent suspension under Article 1658 should obtain legal advice first. Incorrectly withholding rent can create arrears and complicate an otherwise valid repair claim. Continue tendering the undisputed lawful rent unless a lawyer advises that suspension is properly available on the documented facts.

When barangay conciliation applies

For many disputes between individual landlords and tenants who actually reside in the same city or municipality, Katarungang Pambarangay conciliation is a required step before filing in court. Venue and exceptions matter.

Under Sections 408, 409, and 412 of the Local Government Code:

Parties residing in the same barangay generally proceed there.
If they reside in different barangays of the same city or municipality, the complaint generally goes to the respondent’s barangay.
A dispute involving real property or an interest in it is generally brought where the property or its larger portion is situated.
Prior conciliation usually does not apply when a party is a corporation or other juridical entity, when the parties reside in different cities or municipalities unless the adjoining-barangay exception applies, or when another statutory exception exists.
Urgent court relief and an approaching prescriptive deadline may also affect whether a party may proceed directly to court.

If no settlement is reached, obtain the proper Certificate to File Action. A complaint filed without required barangay conciliation may be challenged as premature. Parties generally appear personally in barangay proceedings without counsel acting for them.

Court options and important deadlines

Small claims

A claim seeking only payment or reimbursement of money—including a claim arising from a lease or contractual property damage—may use small claims procedure when it does not exceed ₱1,000,000, exclusive of interest and costs. It is filed in the proper first-level court using the prescribed forms.

The current rules require a defendant served in a small claims case to file the verified Response within 10 calendar days from receipt of summons. Lawyers generally do not appear for parties at the hearing, although a party may consult a lawyer beforehand. Current forms are available on the Supreme Court’s Small Claims page.

Small claims is not the correct procedure if the main relief is recovery of possession, an injunction, rescission, or another remedy that is not solely a money claim.

Ejectment or unlawful detainer

If a landlord also seeks possession because the tenant allegedly violated the lease, the case is generally one for unlawful detainer rather than small claims. Ejectment cases fall under the Rules on Expedited Procedures in the First Level Courts, regardless of the amount of unpaid rent or damages claimed with them.

An unlawful-detainer complaint generally must be filed within one year from the last demand to vacate. A defendant under summary procedure generally has 30 calendar days from service of summons to file the verified answer with the required evidence and judicial affidavits. Do not ignore a summons or assume that informal negotiations extend the deadline.

Damage or misuse may support ejectment if it constitutes a violation of the lease or improper use under Article 1673. Alleging damage does not authorize immediate physical removal without lawful process.

Other civil actions

The Civil Code generally provides:

10 years for an action upon a written contract;
6 years for an action upon an oral contract; and
4 years for an injury to rights or a quasi-delict.

The correct period and its starting date depend on the legal basis pleaded and when the cause of action accrued. Written extrajudicial demands may affect prescription, but they are not a reason to delay. Seek advice early, particularly when an ejectment deadline, summons, insurance-notice requirement, or contractual claim period is involved.

Actions to avoid

Landlords should avoid

Keeping the entire deposit without identifying the damage and amount;
Charging the tenant for pre-existing defects or ordinary wear;
Claiming full renovation or replacement without showing why it was necessary;
Repairing everything before giving a reasonable inspection opportunity, unless urgent;
Mixing unpaid rent, utilities, damage, and penalties without a clear accounting;
Changing locks, removing belongings, cutting utilities, threatening occupants, or using force; and
Treating a damage allegation as automatically criminal.

The Civil Code protects possession even against someone who claims a better right. In German Management & Services, Inc. v. Court of Appeals, the Supreme Court emphasized the need to seek proper judicial relief instead of personally ousting occupants.

Tenants should avoid

Failing to report leaks, electrical faults, pests, or structural problems promptly;
Repairing or altering the property without required consent;
Concealing an incident or disposing of damaged items before inspection;
Assuming that accidental damage can never create liability;
Assuming the deposit is automatically the last month’s rent;
Refusing all access when the lease and circumstances permit a reasonable inspection or urgent repair; and
Leaving without documenting surrender of keys and the property’s final condition.

When legal help is urgent

Consult a lawyer promptly when:

A demand to vacate, barangay summons, court summons, or complaint has been received;
The one-year unlawful-detainer period may be approaching;
Locks have been changed, belongings seized, or utilities disconnected;
The premises pose a serious fire, electrical, structural, gas, or health risk;
The claimed damage is substantial or covered by insurance;
The incident involves fire, flooding, injury, or damage to neighboring units;
Either side alleges deliberate destruction, fraud, theft, or another crime;
The lease contains a confession-of-judgment, forfeiture, acceleration, or broad indemnity clause;
A corporation, sublessor, condominium corporation, property manager, or multiple occupants are involved; or
The parties disagree about whether the property was surrendered or the lease ended.

Qualified indigent persons may request advice or representation from the Public Attorney’s Office, subject to its eligibility and merit requirements.

Frequently asked questions

Can the landlord deduct repainting from the deposit?

Only when the repainting is attributable to tenant-caused damage, a valid lease obligation, or deterioration beyond ordinary wear. Fading, minor scuffs, and aging paint are not automatically chargeable. Large unauthorized markings, burns, or abnormal staining may support a deduction if documented and reasonably costed.

Can the landlord demand a brand-new replacement?

Not automatically. The claimant must prove the pecuniary loss actually caused by the tenant. The item’s age, earlier condition, repairability, and the necessity of replacement are relevant. The tenant should not be made to fund an unrelated upgrade merely because an older item was damaged.

May the landlord keep the deposit while obtaining quotations?

A reasonable period to inspect and determine obligations may be justified by the lease and circumstances, but there is no automatic right to hold the entire deposit indefinitely. The landlord should communicate the items under review, provide supporting documents when available, and return any undisputed balance.

Is the tenant liable for damage caused by children or visitors?

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

What if a typhoon or flood caused the damage?

The tenant is not automatically liable. Article 1667 removes its special burden-of-proof rule when destruction is due to an earthquake, flood, storm, or another natural calamity. Liability may still arise if the tenant’s negligence caused or aggravated the loss—for example, by ignoring a known opening or failing to report continuing water entry.

What if the landlord ignored earlier repair requests?

Keep the notices and proof of delivery. If an unrepaired defect caused or worsened the damage, the landlord’s duty to make necessary repairs and each party’s conduct in preventing additional loss become important. Responsibility may be divided according to the proven cause and aggravating acts.

Can the landlord claim more than the deposit?

Yes. A deposit is security, not necessarily a liability ceiling. If proven damage and other lawful obligations exceed it, the landlord may pursue the shortfall. Conversely, the landlord must return the remaining balance when lawful deductions are smaller than the deposit.

Can a tenant use small claims to recover a withheld deposit?

Yes, if the relief sought is solely the payment of money and the total claim falls within the ₱1,000,000 limit. Required barangay conciliation must first be completed when applicable.

Does alleged damage allow immediate eviction?

No. Damage may support a contractual claim or judicial ejectment when it constitutes a lawful ground, but the landlord should use the required notice and court process. An allegation alone does not authorize force, lockout, seizure of belongings, or utility disconnection.

Official legal sources

This article provides general legal information, not legal advice for a specific lease or dispute. The result may depend on the contract, property condition, communications, evidence, applicable rent-control coverage, and procedural history. Sources and current rules were checked as of August 5, 2026.