Quick answer

A tenant is generally responsible for damage beyond ordinary wear and tear, including damage caused by household members, guests, or visitors. The tenant must return the property substantially as received, except for deterioration caused by time, normal use, an inevitable event, or another cause for which the tenant is not at fault.

The landlord generally bears necessary repairs that keep the premises fit for their intended use, unless a valid lease provision assigns particular repairs differently. A landlord cannot automatically charge every defect to the tenant or keep the entire security deposit without connecting the deduction to proven loss. The lease, the property’s condition before and after occupancy, the cause of the damage, and reliable evidence of repair cost will usually decide the dispute.

Neither side should use self-help. A landlord should not forcibly evict the tenant, change the locks, remove belongings, or cut utilities to collect a disputed amount. A tenant should not treat the security deposit as the final month’s rent or stop paying rent solely because a damage claim is disputed.

The governing rules

What the tenant must return

Articles 1665 to 1668 of the Civil Code establish the principal rules:

The tenant must return the leased property as it was received, except for loss or impairment caused by the passage of time, ordinary wear and tear, or an inevitable cause.
If there is no written statement of the property’s condition at the start of the lease, the law presumes that the tenant received it in good condition, unless contrary evidence is presented.
The tenant is 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 Supreme Court has applied these rules to require the return, replacement, or payment of leased assets when supported by the lease and the evidence. It has also emphasized that liability depends on identifying the property involved and excluding items already returned, replaced, paid for, or otherwise not chargeable to the tenant. See University Physicians’ Services, Inc. v. Marian Clinics, Inc..

What the landlord must repair

Under Articles 1654, 1663, and 1686 of the Civil Code, the landlord generally must:

Deliver the property in a condition fit for its intended use;
Make necessary repairs during the lease to keep it suitable for that use, unless the lease validly provides otherwise; and
Maintain the tenant’s peaceful and adequate enjoyment of the premises.

The tenant must promptly notify the landlord about needed repairs. If the tenant unreasonably delays reporting a leak, electrical defect, infestation, or other condition and the delay makes the damage worse, the tenant may be liable for the additional loss caused by that neglect.

For urban property, local custom may help determine which repairs belong to the landlord. In case of doubt, Article 1686 treats the repairs as chargeable to the landlord. The lease may still assign defined maintenance duties—such as cleaning air-conditioner filters, clearing tenant-caused drain blockages, or replacing consumable items—to the tenant.

The lease still matters

A lease has the force of law between the parties when its terms are valid. Provisions on maintenance, alterations, inspections, restoration, insurance, and deposit deductions can materially affect the outcome.

A lease provision does not, however, erase mandatory legal protections or dispense with proof that damage and loss actually occurred. A clause requiring the tenant to return the premises in “good condition” should be read together with the Civil Code exception for ordinary wear and tear, lapse of time, and inevitable causes.

Ordinary wear and tear or chargeable damage?

Philippine law does not provide a fixed checklist. The distinction depends on the item’s starting condition, age, expected life, intensity and length of use, maintenance history, cause of deterioration, and terms of the lease.

More likely ordinary wear or an owner repair	More likely chargeable to the tenant
Gradual fading of paint or finish from normal use	Large stains, burns, graffiti, or deliberate repainting contrary to the lease
Minor scuffs consistent with reasonable occupancy	Broken doors, windows, locks, tiles, or fixtures caused by misuse
Aging sealant, pipes, roofing, wiring, or appliances	Damage from an unauthorized installation or alteration
Defects documented before move-in	Damage first appearing during occupancy and linked to the tenant’s act or neglect
Damage caused solely by an inevitable event	Damage made worse by failure to report, protect, or mitigate after discovery
Reasonable deterioration of an old item	Loss of an item listed in the signed inventory

These are practical examples, not automatic legal conclusions. A few wall holes may be expected where the lease permits normal mounting, but extensive drilling through tile, waterproofing, or electrical lines may be chargeable. A failed appliance may reflect age rather than misuse. A contractor’s technical assessment may be necessary where causation is disputed.

Proving responsibility and the correct amount

The landlord should be able to identify:

The particular damaged item or part of the premises;
Its condition at the beginning and end of the lease;
Why the condition is not ordinary wear, a pre-existing defect, or an owner-maintenance issue;
How the tenant, household member, guest, or visitor caused or worsened it; and
The amount reasonably required to repair or compensate for the proven loss.

Article 1667 places the burden on the tenant to prove that deterioration or loss occurred without the tenant’s fault. That does not give the landlord a blank cheque. The landlord must still establish what was damaged and prove the amount claimed.

Actual damages must be supported by competent proof, such as receipts, paid invoices, credible quotations, photographs, inventories, or technical reports. A landlord should not charge the full cost of a premium replacement where a reasonable repair would restore an older item, unless the lease or the evidence justifies replacement. Likewise, a tenant cannot defeat a documented claim merely by asserting that the condition is “normal.”

In Mindex Resources Development v. Morillo, the Supreme Court upheld proven repair costs where the lessee’s negligence contributed to the loss and the expenses were supported by receipts.

Security-deposit deductions

For residential units covered by the continuing rent-control regime, Section 7 of the Rent Control Act of 2009 provides that:

The landlord may not demand more than one month’s advance rent or more than two months’ deposit;
The deposit must be kept in a bank under the landlord’s account name during the lease;
Accrued interest must be returned to the tenant at the end of the lease; and
Deductions for unpaid rent or utilities, or for destroyed house components and accessories, must be commensurate with the pecuniary damage.

The current NHSB Resolution No. 2024-01 covers the 2025–2026 rent-regulation period. For the 2026 rent-increase cap, it identifies residential units occupied by the same tenants from 2025, with monthly rent of ₱10,000 or less, and sets a one-percent maximum increase. Whether a particular tenancy falls within the continuing regime can depend on its rental amount and occupancy history.

For units outside that regime, deposit rights are governed primarily by the lease and the Civil Code. Even then, a deduction should correspond to an obligation or loss the tenant actually owes.

A sound deposit accounting should show:

The original deposit and any interest due;
Each deduction, with a description and amount;
The evidence supporting the deduction;
Any unpaid rent or utility bill being charged; and
The remaining balance to be returned.

The Rent Control Act does not supply a general fixed number of days for resolving every damage dispute. Check the lease for a turnover or refund period, but do not use a contractual inspection period to conceal damage, destroy evidence, or impose unsupported deductions.

What to do when damage is discovered

1. Prevent further loss

Take reasonable steps to stop the problem from worsening. Shut off a leaking fixture if safe, move belongings away from water, notify building administration, and arrange emergency assistance where necessary. Do not carry out major non-emergency alterations before the other party can inspect unless safety or mitigation requires immediate work.

2. Give prompt written notice

The notice should state:

The address and affected area;
When and how the problem was discovered;
What appears to have happened;
Whether the condition is still causing damage or danger;
What temporary measures were taken; and
A request for inspection, repair, or response.

Send it through a method that produces proof of delivery. Preserve the original message and attachments.

3. Conduct a joint inspection

Whenever practical, landlord and tenant should inspect together and prepare a dated, signed report. Record disagreements instead of refusing to sign the entire document. If one party will not attend, send a written invitation and document the inspection carefully with a neutral witness.

4. Separate urgent work from disputed work

Emergency repairs may proceed to prevent injury or greater property loss. Preserve photographs, removed components, contractor findings, receipts, and an explanation of why waiting was unsafe or unreasonable.

For non-urgent work, obtain a clear scope and preferably more than one quotation if the amount is substantial. Give the other party a reasonable opportunity to inspect before conditions are changed.

5. Make an itemized proposal

A landlord claiming payment should send a written demand identifying each item, the legal or contractual basis, the evidence, and the amount. If the deposit is insufficient, specify the balance claimed.

A tenant disputing a charge should answer item by item. Identify pre-existing defects, ordinary wear, owner maintenance, lack of causation, excessive pricing, duplicated charges, or insurance proceeds where relevant. Ask for the undisputed deposit balance to be released.

6. Put any settlement in writing

A settlement should identify the amount, payment date, repairs to be completed, access arrangements, deposit balance, turnover obligations, and whether payment fully resolves the listed claims. Avoid broad waivers of unknown claims unless both sides understand and intentionally accept them.

Evidence worth preserving

Keep originals or reliable copies of:

The lease, renewals, house rules, and amendments;
Move-in and move-out inspection forms;
Dated photographs and videos, preferably showing the wider room and close-up detail;
The inventory of furniture, appliances, keys, fixtures, and accessories;
Messages reporting defects, requesting repairs, or admitting an incident;
Proof of delivery of notices and demand letters;
Contractor findings, quotations, invoices, official receipts, and warranties;
Maintenance, plumbing, electrical, pest-control, and building-administration records;
Utility records where water or electrical use is relevant;
CCTV footage that may be routinely overwritten;
Witness names and short contemporaneous notes of what they observed;
Deposit payment and bank records; and
Evidence of the item’s age, prior condition, purchase price, or previous repair.

Do not edit the only copy of a photograph or video. Preserve the original file and its metadata. Do not fabricate a backdated inventory or ask a contractor to state a cause that the contractor did not independently determine.

Special situations

Typhoon, flood, earthquake, fire, or another unexpected event

A tenant is not automatically liable simply because damage occurred during the tenancy. Article 1667 states that its special burden-of-proof rule does not apply when destruction is caused by earthquake, flood, storm, or another natural calamity.

The event must still be evaluated carefully. A fortuitous event does not excuse a person whose negligence contributed to or aggravated the loss. For example, liability may remain disputed if a tenant ignored repeated warnings, blocked drainage, left the premises unsecured, or failed to take reasonable protective action. The condition of the building, landlord maintenance, insurance coverage, and any contractual assumption of risk also matter.

Urgent or dangerous repairs

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. If the landlord fails to make urgent repairs, Article 1663 permits the tenant, to avoid imminent danger, to order them at the landlord’s cost.

This is not a safe basis for casual renovation or an undocumented rent deduction. Give notice when possible, use qualified workers, retain proof of urgency and reasonable cost, and obtain legal advice before offsetting expenses against rent.

When urgent repairs last more than 40 days and deprive the tenant of part of the property, Article 1662 provides for a proportionate rent reduction covering the affected period. If the part needed by the tenant and family becomes uninhabitable, the tenant may rescind a lease whose main purpose is to provide a dwelling.

Damage to the tenant’s belongings

If defective premises or the landlord’s failure to perform required repairs damages the tenant’s belongings, the tenant may have a separate claim for proven loss. The tenant must establish the landlord’s duty, notice where relevant, breach, causation, and the amount of damage. The tenant must also act reasonably to limit further loss.

Alterations and improvements

An improvement is not automatically damage. Article 1678 contains special rules for useful improvements made in good faith without altering the property’s form or substance, and for removable ornamental items. An unauthorized alteration may nevertheless breach the lease, particularly if it affects structure, waterproofing, wiring, plumbing, or common property. Obtain written consent before making material changes.

If the parties cannot agree

Barangay conciliation may be required first

Under Sections 408 to 412 of the Local Government Code, disputes between individuals who actually reside in the same city or municipality generally must undergo Katarungang Pambarangay proceedings before a court case is filed, subject to statutory exceptions.

Venue may depend on the parties’ residences or, for disputes involving real property or an interest in it, the location of the property. Corporations and other juridical entities are generally outside barangay conciliation because the process is for individual parties.

Filing with the Punong Barangay interrupts the applicable prescriptive period, but the statutory interruption cannot exceed 60 days. Obtain the proper Certificate to File Action if no settlement is reached.

A signed barangay settlement has legal consequences. Read the payment, repair, waiver, and enforcement terms carefully before signing.

Small claims may be available for a money-only claim

A claim arising from a lease may be filed under the Supreme Court’s Rule on Small Claims if it seeks payment of money not exceeding ₱1,000,000, exclusive of interest and costs, and satisfies the rule’s other requirements.

Small claims cases are heard by first-level courts using prescribed forms. Lawyers may advise parties before the hearing but generally may not appear for or represent them at the hearing. The decision is final, executory, and unappealable. Use the current materials on the Supreme Court’s Small Claims page and confirm filing requirements with the proper court.

Small claims is not the correct procedure if the principal relief sought is eviction, an injunction, return of specific property, contract rescission, or another non-money remedy.

Larger or more complex claims require an ordinary civil action

A claim exceeding the small-claims ceiling, or one seeking non-monetary relief, normally requires an ordinary civil case. The correct court and procedure depend on the allegations, relief requested, amount, and property involved. Claims involving structural defects, insurance, multiple responsible parties, expert evidence, or substantial business losses should be assessed by counsel before filing.

Eviction is a separate remedy

A damage dispute does not authorize immediate physical eviction. Depending on the lease and the property’s coverage under rent-control laws, serious misuse, a material lease violation, or continued possession after valid termination may support judicial remedies.

An unlawful-detainer case generally must be filed in the proper first-level court within one year from the last demand to vacate. The demand, termination ground, barangay prerequisite, and allegations in the complaint are critical. Missing the one-year period can change the proper action and procedure, even if another possession remedy may remain.

Other filing deadlines

The applicable prescriptive period depends on how the claim is legally characterized. Civil Code provisions include different periods for actions based on a written contract, an oral contract, or an injury to rights. Accrual, written demands, acknowledgments, barangay proceedings, and the relief sought can affect the calculation. Do not assume that ongoing negotiations stop the deadline.

Common mistakes

Having no signed move-in condition report or inventory;
Relying only on close-up photographs that do not identify the room or date;
Calling all aging or maintenance problems “tenant damage”;
Calling obvious breakage or neglect “ordinary wear” without evidence;
Repairing everything before the other party can inspect;
Charging estimates but refusing to disclose the scope of work;
Demanding full replacement cost without considering whether repair is sufficient;
Deducting the same loss from the deposit, insurance, and a separate demand;
Keeping the whole deposit when only part is genuinely disputed;
Using the deposit as the last month’s rent without written agreement;
Stopping rent payments or deducting repair costs without understanding the legal consequences;
Changing locks, removing possessions, disconnecting utilities, or using threats;
Ignoring barangay conciliation when it is a precondition; and
Letting negotiation continue until a court deadline expires.

When legal help is urgent

Seek prompt legal advice if:

There is a structural, electrical, fire, gas, sanitation, or flooding danger;
Someone is injured or the damage is still spreading;
The landlord threatens a lockout, utility disconnection, seizure of belongings, or forced removal;
The tenant receives a demand to vacate, summons, or court order;
The claim is close to the one-year unlawful-detainer deadline or another prescriptive period;
The amount is substantial or exceeds the small-claims ceiling;
The cause involves building defects, common areas, contractors, insurance, or several possible responsible parties;
Either side alleges fraud, intentional destruction, theft, or another criminal act; or
A proposed settlement contains a broad waiver, confession of judgment, or immediate surrender provision.

Qualified individuals may inquire with the Public Attorney’s Office about legal assistance.

Frequently asked questions

Can a landlord keep the entire security deposit because something was damaged?

Not automatically. For a covered residential unit under the Rent Control Act, the deduction must be commensurate with the pecuniary damage. The landlord should be able to identify the damage and support the amount. The undisputed balance and applicable interest remain due to the tenant.

Who pays for repainting?

It depends on the starting condition, length and manner of occupancy, lease terms, and reason repainting became necessary. Gradual fading and reasonable scuffing may be ordinary wear. Unusual stains, burns, unauthorized colors, or extensive wall damage may justify a charge.

Is the tenant liable for damage caused by a child or visitor?

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

What if there was no move-in inspection?

The law presumes that the tenant received the property in good condition unless there is proof to the contrary. The tenant may rebut that presumption with dated photographs, messages reporting early defects, repair records, witnesses, or other credible evidence.

Can the tenant deduct emergency repairs from rent?

Article 1663 allows a tenant to order urgent repairs at the landlord’s cost when the landlord fails to act and the work is needed to avoid imminent danger. Directly offsetting that cost against rent can still create a payment dispute. Give notice, document the urgency and cost, and obtain legal advice or written agreement before making the deduction.

Does a typhoon automatically excuse the tenant?

No. A natural calamity changes the ordinary burden-of-proof rule, but responsibility remains fact-dependent. A tenant may still be liable if negligence contributed to or aggravated the damage. Conversely, the tenant is not an insurer of the building merely because the damage occurred during the lease.

Can the landlord evict the tenant over disputed repair costs?

Only through a legally sufficient ground and proper judicial process. Whether the alleged damage supports termination depends on the lease, the seriousness of the conduct, applicable rent-control protections, notices, and evidence. A disputed charge alone does not authorize a lockout or forced eviction.

Official references

This article provides general legal information, not advice for a particular dispute. Liability, available remedies, court jurisdiction, and deadlines depend on the lease, evidence, parties, property, and relief sought. Current law and official procedures were checked as of July 30, 2026.