If your landlord is asking you to pay for scratches, leaks, broken tiles, stained walls, damaged cabinets, or other defects that were already there when you moved in, the key question under Philippine law is simple: did the damage happen during your lease because of you, your household, or your guests, or was it pre-existing, ordinary wear and tear, or something the landlord was legally responsible to repair? A landlord may deduct from your security deposit or demand payment only for damage that is properly chargeable to you. They cannot fairly use your deposit as a general renovation fund, a repainting budget for old walls, or a way to pass pre-existing defects to the next tenant.

The Short Answer

In the Philippines, a landlord generally cannot charge you for pre-existing damage in a rental unit if you can show that the damage was already there before you took possession, was caused by ordinary wear and tear, resulted from an unavoidable event, or was part of the landlord’s duty to maintain the property.

However, tenants should be careful because the Civil Code creates important presumptions. Under Article 1666 of the Civil Code, if there is no statement or record of the unit’s condition at the start of the lease, the law presumes that the tenant received the unit in good condition, unless there is proof to the contrary. That means photos, videos, move-in checklists, messages to the landlord, repair requests, receipts, and witness statements can become very important. (Lawphil)

The practical rule is:

Situation	Can the landlord charge the tenant?
Damage clearly existed before move-in and was documented	Usually no
Damage is ordinary wear and tear from normal use	Usually no
Damage was caused by tenant, household members, guests, or visitors	Usually yes
Damage came from typhoon, flood, earthquake, or another natural calamity	Usually no, if not caused or worsened by tenant fault
Damage resulted from landlord’s failure to make necessary repairs	Usually no
Tenant agreed in the lease to shoulder specific repairs	Possibly yes, depending on the contract and facts

What Counts as “Pre-Existing Damage”?

Pre-existing damage means a defect, deterioration, or problem that was already present before the tenant moved in or before the tenant had control of the unit.

Common examples include:

Cracked floor tiles already visible during turnover
Water stains from an old roof or plumbing leak
Cabinets with loose hinges before occupancy
Peeling paint or mold already present when the tenant moved in
Broken outlets, windows, screens, or locks noted during inspection
Air-conditioning, water heater, or appliance defects reported immediately after move-in
Termite damage, ceiling damage, or drainage issues that existed before the lease

In real rental disputes, landlords often say: “It was not like that before.” Tenants respond: “It was already there.” The dispute then becomes a question of evidence.

This is why move-in documentation matters. In Philippine practice, a tenant with timestamped photos, a signed inventory, or messages sent to the lessor within the first few days of occupancy is in a much stronger position than a tenant who only objects after the landlord deducts the deposit at move-out.

Legal Basis: What Philippine Law Says About Rental Damage

The landlord must deliver and maintain the unit

Under Article 1654 of the Civil Code, the lessor is obliged to deliver the leased property in a condition fit for its intended use, make necessary repairs during the lease to keep it suitable for that use unless the contract provides otherwise, and maintain the lessee in peaceful and adequate enjoyment of the property. (Lawphil)

For a residential unit, this means the landlord should not turn over a unit with serious defects and later charge the tenant for fixing those same defects. A tenant rents the unit for habitation. If the unit has structural, plumbing, electrical, roofing, or safety issues that make it unsuitable or dangerous, those are not automatically the tenant’s burden.

The tenant must use the unit with proper care

Under Article 1657 of the Civil Code, the lessee must pay rent, use the leased property as a “diligent father of a family,” and devote it to the agreed use. In simple terms, the tenant must take reasonable care of the unit, avoid misuse, and use it only for the purpose agreed in the lease. (Lawphil)

For example, a tenant may be liable if they:

Break a door by forcing it open
Damage tiles by dropping heavy objects
Cause burn marks on countertops
Allow pets to destroy flooring or screens, if pets were allowed or tolerated
Let guests damage fixtures
Install items improperly and leave holes, wiring damage, or leaks
Ignore a small leak until it causes avoidable major damage

The tenant must return the unit as received, except for ordinary wear and tear

Article 1665 of the Civil Code is one of the most important rules for this topic. It says the lessee must return the leased thing upon termination of the lease as they received it, except what has been lost or impaired by the lapse of time, ordinary wear and tear, or an inevitable cause. (Lawphil)

This protects tenants from being charged for normal aging of the property.

Examples of ordinary wear and tear may include:

Slight fading of paint from sunlight and normal use
Minor scuff marks from ordinary furniture use
Loose doorknobs from normal use over time
Reasonable wear on flooring
Aging silicone sealant in bathrooms
Minor nail holes if ordinary picture hanging was allowed or tolerated
Appliances becoming weaker due to age, not misuse

But ordinary wear and tear does not include careless or abusive damage, such as broken glass, large wall holes, missing fixtures, intentional alterations, deep scratches from dragging heavy furniture, or water damage caused by the tenant’s failure to report or address a known problem.

If there is no move-in condition report, the law presumes good condition

Under Article 1666 of the Civil Code, if there is no statement about the condition of the unit at the time the lease was made, the law presumes that the tenant received it in good condition, unless there is proof to the contrary. (Lawphil)

This is the rule that surprises many tenants.

It does not mean the tenant automatically loses. It means the tenant should be ready to present contrary proof, such as:

Photos or videos taken before move-in or on move-in day
A signed turnover checklist
Text, Viber, Messenger, WhatsApp, or email reports to the landlord
Repair requests sent shortly after move-in
Condo admin work permits or maintenance reports
Statements from the broker, caretaker, building engineer, or witnesses
Previous listing photos showing the same defect
Inspection reports from contractors or technicians

The tenant is liable for deterioration unless they prove it was not their fault

Under Article 1667 of the Civil Code, the lessee is responsible for deterioration or loss of the leased property unless the lessee proves it happened without their fault. The same article clarifies that this burden does not apply when the destruction is due to earthquake, flood, storm, or other natural calamity. (Lawphil)

This rule matters in disputes about leaks, flooding, roof damage, or storm-related damage. If a typhoon causes water intrusion through a defective window or roof, the landlord should not simply charge the tenant. But if the tenant left windows open during a storm or ignored repeated warnings, the facts may be different.

The tenant is liable for damage caused by household members, guests, and visitors

Under Article 1668 of the Civil Code, the lessee is liable for deterioration caused by members of the tenant’s household and by guests and visitors. (Lawphil)

This means a tenant cannot avoid responsibility by saying, “My guest broke it, not me.” As between landlord and tenant, the tenant may still be held responsible, although the tenant may separately ask the guest to reimburse them.

Security Deposits: Can the Landlord Deduct for Old Damage?

A security deposit is meant to secure legitimate obligations, such as unpaid rent, unpaid utilities, or tenant-caused damage. It is not supposed to be treated as automatic income for the landlord.

For covered residential units under the Rent Control Act of 2009, Republic Act No. 9653, the law limits what may be demanded: not more than one month advance rent and not more than two months deposit, and the deposit must be kept in a bank under the lessor’s account name during the lease. The interest belongs to the lessee at the end of the lease. The law also states that deposits may be forfeited only in an amount commensurate to unpaid rent, unpaid utilities, or damage to house components and accessories caused by the lessee. (Lawphil)

For 2026, current rental regulation reported by DHSUD through the Philippine Information Agency applies a 1% rent increase limit to covered residential units occupied by the same tenants as of 2025, paying ₱10,000 or less per month, and continuing or renewing in 2026. Units above ₱10,000 per month in 2025 are excluded from that 2026 rental cap. (Philippine Information Agency)

Even if your rental is not covered by rent control, Civil Code principles still apply. A landlord should be able to justify a deposit deduction with:

A clear description of the damage
Proof that the damage was not pre-existing
Proof that it was not ordinary wear and tear
Repair estimates, official receipts, or reasonable cost breakdowns
Photos before and after the lease
A computation showing why the amount deducted is proportional

A vague statement like “for repairs” or “for cleaning and repainting” is often not enough to fairly justify keeping the entire deposit.

Pre-Existing Damage vs. Tenant-Caused Damage

The distinction is usually factual. Below are common examples.

Damage or issue	Usually pre-existing or landlord responsibility	Usually tenant responsibility
Roof leak during heavy rain	Old roof defect, poor waterproofing, building issue	Tenant ignored leak for months and damage worsened
Cracked tile	Already cracked at move-in; structural movement	Tile cracked after tenant dropped heavy item
Peeling paint	Old paint, moisture issue, normal aging	Tenant used tape, stickers, or adhesive that stripped paint
Mold	Existing ventilation or leak problem	Tenant kept unit extremely damp, blocked ventilation, ignored leak
Broken cabinet hinge	Already loose during turnover	Broken by force, misuse, or overloading
Scratched floor	Existing scratches documented at move-in	Deep new scratches from dragging furniture
Dirty unit	Normal cleaning needed after occupancy	Excessive filth, stains, pest infestation caused by tenant behavior
Broken appliance	Old appliance failure, no misuse	Damage from improper use or unauthorized repair

What To Do If the Landlord Charges You for Pre-Existing Damage

1. Review your lease contract first

Check the provisions on:

Security deposit
Repairs and maintenance
Turnover condition
Inventory of furniture and appliances
Move-out inspection
Repainting, cleaning, and restoration
Notice requirements
Penalties or liquidated damages
Jurisdiction or venue for disputes

A lease contract has binding force between the parties under Article 1159 of the Civil Code, which states that obligations arising from contracts have the force of law between the contracting parties and must be complied with in good faith. However, a contract should still be interpreted together with mandatory law, public policy, and the specific facts of the case. (Lawphil)

A clause saying “tenant shall return the unit in good condition” does not automatically mean the tenant pays for defects that existed before move-in. But a clause saying the tenant accepted a specific defect and agreed to repair it may be relevant.

2. Ask for a written itemized breakdown

Do not argue only verbally. Send a calm written request asking for:

The exact damage being charged
Photos relied upon by the landlord
Repair estimates or receipts
The computation of the deduction
The legal or contractual basis for charging you
The balance of the deposit to be returned

Keep the tone factual. A written demand also helps establish delay if money is being wrongfully withheld. Under Article 1169 of the Civil Code, delay generally begins from judicial or extrajudicial demand when a person obliged to deliver or do something is asked to fulfill the obligation. (Lawphil)

3. Gather your proof of the unit’s condition

Collect and organize:

Move-in photos and videos
Move-out photos and videos
Screenshots of messages reporting defects
A signed inventory or turnover form
Receipts for repairs you personally paid for
Building maintenance reports
Condo admin correspondence
Witness statements from the broker, caretaker, guard, neighbor, or maintenance staff
Any listing photos or old inspection photos showing the same defect

Use folders and label everything by date. In real disputes, a simple timeline is often more persuasive than a long emotional explanation.

4. Separate legitimate deductions from disputed deductions

It is usually better to acknowledge items that are truly chargeable to you, while disputing the rest.

Example:

“I acknowledge the unpaid Meralco bill of ₱2,300 may be deducted. However, I dispute the ₱18,000 repainting charge because the wall stains and peeling paint were already present during turnover, as shown in the attached photos dated March 3, 2025.”

This approach shows good faith and makes your position stronger.

5. Send a formal demand letter

If the landlord refuses to return the deposit or insists on charging you for old damage, send a demand letter. It should include:

Your name and the unit address
Lease period
Amount of deposit paid
Date you vacated and surrendered keys
Amount deducted or withheld
Why the deduction is improper
Evidence attached
Specific amount demanded
Reasonable deadline for payment, commonly 5 to 10 days
Your preferred payment method

A demand letter does not always need to be notarized, but notarization can help prove authenticity and seriousness. If you are abroad, you may authorize someone in the Philippines through a Special Power of Attorney. For documents executed abroad, check whether consular notarization or apostille/legalization is needed depending on the country and the receiving office’s requirements. The DFA’s Apostille information portal is the official starting point for Philippine apostille-related information. (Apostille.gov.ph)

6. Consider barangay conciliation if required

Many landlord-tenant disputes between individuals must first go through the Katarungang Pambarangay system before court filing, especially when the parties actually reside in the same city or municipality and no exception applies.

Supreme Court Circular No. 14-93 explains that prior barangay conciliation is generally a pre-condition before filing a complaint in court or government offices, subject to listed exceptions such as disputes involving juridical entities, parties residing in different cities or municipalities, urgent legal action, and other excluded matters. (Lawphil)

In practice, you file a complaint at the barangay, attend mediation before the Punong Barangay, and if settlement fails, the matter may go to the Pangkat. If there is still no settlement, the barangay issues a Certificate to File Action, which may be needed if you later file in court.

7. File a small claims case if the dispute is for money

If the landlord wrongfully withholds your deposit or demands payment for alleged damage, the dispute may fall under small claims if you are seeking a sum of money within the threshold.

The Supreme Court’s Rules on Expedited Procedures increased the small claims threshold to ₱1,000,000, covering money claims under contracts of lease. Small claims are filed in first-level courts, such as the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court. The Supreme Court also states that small claims are intended to be efficient, with one hearing day and judgment rendered within 24 hours from termination of the hearing; decisions are final, executory, and unappealable. (Supreme Court of the Philippines)

The Office of the Court Administrator provides downloadable small claims forms, including the Statement of Claim, Response, SPA, and related forms. (Office of the Court Administrator)

Documents and Evidence To Prepare

Document or evidence	Why it matters
Lease contract	Shows deposit, repair obligations, turnover rules, and agreed use
Official receipts or proof of deposit payment	Proves amount paid
Move-in photos/videos	Shows pre-existing damage
Move-out photos/videos	Shows condition upon surrender
Turnover checklist or inventory	Best evidence of condition at start and end
Chat/email reports to landlord	Shows you reported defects early
Repair requests and work orders	Shows maintenance history
Utility bills	Separates legitimate unpaid utilities from disputed deductions
Demand letter	Shows formal request for refund/payment
Barangay records or Certificate to File Action	May be needed before court
Repair estimates/receipts	Helps challenge inflated or unsupported charges
Witness statements	Helps prove the damage was already there

Common Scenarios in Philippine Rentals

The landlord wants to repaint the whole unit using your deposit

Repainting is one of the most common disputes. If paint naturally faded or became slightly dirty from normal use, charging the tenant for full repainting may be unfair. But if the tenant caused large stains, unauthorized paint changes, adhesive damage, smoke damage, or heavy markings beyond normal wear, a reasonable repainting charge may be justified.

A fair approach is proportional. If only one wall was damaged, charging for repainting the entire unit may be excessive unless the landlord can show that full repainting was reasonably necessary.

The landlord says the unit was “brand new” but has no turnover proof

If there is no move-in condition report, Article 1666 creates a presumption that the tenant received the unit in good condition. But the tenant can rebut this with proof. Photos taken during viewing, messages to the agent, condo inspection notes, or even listing photos can help.

The landlord blames the tenant for plumbing leaks

Plumbing disputes require careful fact-finding. Leaks behind walls, old pipes, roof leaks, waterproofing failures, and drainage defects are often landlord or building issues. But clogged drains caused by tenant misuse, such as grease, hair buildup, foreign objects, or improper disposal, may be tenant responsibility.

Ask for a plumber’s written findings. A receipt that simply says “repair leak” does not prove who caused it.

The landlord refuses to return the deposit until a new tenant moves in

This is not a proper reason by itself. The security deposit secures the tenant’s obligations; it is not working capital for the landlord. If there are no unpaid amounts or legitimate damage deductions, the deposit should be returned within the period stated in the lease or within a reasonable time after final bills and inspection.

The landlord charges “cleaning fees” even though the unit was cleaned

Cleaning fees depend on the contract and the unit’s actual condition. A reasonable final cleaning deduction may be allowed if the unit was left dirty beyond normal turnover expectations. But an automatic excessive cleaning fee, especially with no proof, can be disputed.

The tenant is an OFW or foreigner already outside the Philippines

A tenant outside the Philippines can still pursue the claim through a representative. Usually, the representative needs a Special Power of Attorney to sign documents, attend barangay proceedings, receive notices, or file a small claims case. If the SPA is executed abroad, confirm whether it must be consularized, acknowledged before a Philippine consular officer, or apostilled depending on where it was signed and where it will be used.

Foreign tenants are generally subject to the same lease rules as Filipino tenants. The constitutional restrictions on foreign land ownership do not prevent foreigners from renting residential units, but long-term or unusual lease arrangements should be reviewed carefully.

Practical Move-In Checklist To Avoid Being Charged Later

Do this before or immediately after moving in:

Take a continuous video walkthrough from the entrance to every room.
Photograph every defect closely and from a wider angle.
Open cabinets, windows, faucets, drains, outlets, appliances, and air-conditioners during the video.
Test lights, locks, heaters, bidets, exhaust fans, and appliances.
Send all photos and the defect list to the landlord, broker, or admin by email or message.
Ask the landlord to acknowledge the list in writing.
Keep copies of the listing, turnover sheet, inventory, and payment receipts.
Do not rely only on verbal promises like “we will fix that later.”
If repairs are promised, ask for a target date.
Keep all move-in and move-out documentation for at least several years after the lease ends.

Sample Message Disputing a Deposit Deduction

Hi [Landlord/Property Manager], I received your statement deducting ₱[amount] from my security deposit for [damage]. I respectfully dispute this deduction because the issue was already present when I moved in, as shown in the attached photos dated [date] and my message to you on [date].

I acknowledge that ₱[amount], if any, may be deducted for [unpaid utility/valid item]. Please send the remaining balance of ₱[amount] to [payment details] within [number] days. Kindly also provide the repair receipts or estimates you relied on for any deduction you still claim. Thank you.

Frequently Asked Questions

Can a landlord keep my whole security deposit for repairs?

Only if the deductions are legitimate and properly supported. The landlord should identify the specific damage, show why it is chargeable to you, and provide a reasonable computation. Keeping the entire deposit for vague “repairs,” “cleaning,” or “repainting” can be disputed.

Who has to prove that the damage was pre-existing?

If there is no record of the unit’s condition at the start of the lease, Article 1666 presumes the tenant received it in good condition, unless there is proof to the contrary. This is why the tenant should present photos, messages, checklists, and repair reports showing the defect already existed.

Is repainting ordinary wear and tear?

Sometimes. Normal fading, minor scuffs, and ordinary aging of paint are usually wear and tear. Large stains, unauthorized paint colors, sticker damage, smoke residue, children’s drawings on walls, or major holes may be tenant-caused damage.

Can the landlord charge me for damage caused by my guest?

Yes. Under Article 1668 of the Civil Code, the tenant is liable for deterioration caused by household members, guests, and visitors. You may separately seek reimbursement from the guest, but the landlord may still pursue you as the tenant.

Can I refuse to pay rent because the landlord has not fixed old damage?

Be careful. Article 1658 allows the lessee to suspend rent if the lessor fails to make necessary repairs or maintain peaceful and adequate enjoyment of the property, but this should not be done casually. In practice, improper withholding of rent can trigger eviction or collection issues. Written notices, proof of defects, and proper legal steps are important.

What if the landlord refuses to accept rent because we are arguing about repairs?

For covered residential units under RA 9653, refusal by the lessor to accept agreed rent may allow the tenant to deposit the rent by consignation in court, or with the city or municipal treasurer, barangay chairman, or a bank in the name of and with notice to the lessor, within the period stated in the law. (Lawphil)

Can I file directly in small claims court?

Possibly, but barangay conciliation may be required first if the parties are individuals covered by the Katarungang Pambarangay rules. If barangay conciliation applies and you skip it, the case may be delayed or dismissed for prematurity. If an exception applies, you may proceed according to the proper court rules.

How long does a deposit dispute usually take?

A simple negotiation can be resolved in days or weeks. Barangay proceedings often take a few weeks depending on attendance and scheduling. Small claims cases are designed to move quickly, but actual timelines depend on court workload, service of summons, and whether the parties appear.

Can the landlord charge more than the security deposit?

Yes, if the tenant-caused damage exceeds the deposit and the landlord can prove the amount. But the landlord cannot simply invent a number. They need proof of damage, causation, and reasonable cost.

What should I do if I forgot to document the unit when I moved in?

Look for other proof: old messages, viewing photos, listing photos, broker communications, maintenance reports, condo admin records, neighbor or caretaker statements, and repair requests made early in the lease. Even if you did not prepare a formal checklist, you may still rebut the presumption of good condition with credible evidence.

Key Takeaways

A landlord in the Philippines may charge a tenant only for damage that is legally and factually chargeable to the tenant.
Pre-existing damage, ordinary wear and tear, inevitable causes, and landlord repair obligations should not be deducted from the tenant’s deposit.
The Civil Code presumes the tenant received the unit in good condition if there is no move-in condition record, but the tenant can rebut this with proof.
Security deposit deductions should be itemized, evidence-based, and proportional.
For covered residential units, RA 9653 limits advance rent and deposit and allows forfeiture only for unpaid rent, unpaid utilities, or tenant-caused destruction in an amount commensurate to the damage.
Barangay conciliation may be required before court action in many landlord-tenant disputes.
Small claims court is often the practical route for recovering a wrongfully withheld deposit or disputing unsupported monetary charges.
The best protection is simple: document the unit thoroughly at move-in, report defects immediately in writing, and keep all proof until the deposit is fully returned.