Introduction
A common dispute between landlords and tenants in the Philippines arises when a landlord deducts repainting costs from the tenant’s security deposit, or demands payment for repainting after the lease ends, even though the lease contract does not expressly say that the tenant must pay for repainting.
The issue is not always simple. A tenant may argue, “There is no agreement requiring me to repaint.” A landlord may answer, “The unit must be returned in good condition.” Philippine law looks at the lease contract, the condition of the property, the nature of the damage, the parties’ obligations, and whether the repainting is ordinary maintenance or a repair caused by the tenant’s fault.
As a general rule, a landlord cannot automatically charge repainting costs to a tenant merely because the landlord wants the unit freshly painted for the next occupant. However, a tenant may be liable if the repainting is necessary because of damage beyond ordinary wear and tear, unauthorized alterations, stains, vandalism, excessive dirt, holes, smoke damage, water damage caused by misuse, or other deterioration attributable to the tenant.
This article explains the issue in the Philippine context.
I. The Basic Legal Relationship Between Landlord and Tenant
A lease is a contract. The landlord, also called the lessor, allows the tenant, also called the lessee, to use and occupy a property for a period of time in exchange for rent.
In Philippine law, the parties’ rights and obligations are determined by:
- The written lease contract;
- The Civil Code provisions on lease and obligations;
- Special laws applicable to residential leases, if any;
- Local ordinances, where applicable;
- The actual conduct and agreements of the parties;
- Evidence of the condition of the unit before, during, and after the lease.
A written contract is very important, but even if the contract is silent on repainting, the parties are still governed by general rules on care of the leased property, return of the property, damages, and unjustified deductions.
II. Is the Tenant Automatically Required to Pay for Repainting?
No. A tenant is not automatically required to pay for repainting simply because the lease ended.
If the lease contract does not say that the tenant must repaint, the landlord must have a valid basis to charge repainting costs. The mere fact that the paint is no longer brand new is usually not enough.
Paint naturally fades, dulls, or shows minor marks over time. This is part of ordinary wear and tear. A landlord generally cannot shift the ordinary cost of preparing the unit for the next tenant to the previous tenant unless there is a contractual or factual basis.
However, if the tenant damaged the walls, painted them without permission, caused heavy stains, left excessive marks, drilled many holes, used adhesives that stripped paint, smoked indoors causing discoloration, or otherwise caused damage beyond normal use, the landlord may have a stronger basis to charge the reasonable cost of repainting or repair.
III. Contract Is the Starting Point
The first document to check is the lease contract.
Look for clauses such as:
- Security deposit clause;
- Repairs and maintenance clause;
- Turnover or move-out clause;
- Restoration clause;
- Alterations clause;
- Repainting clause;
- “Return in same condition” clause;
- “Ordinary wear and tear excepted” clause;
- Deduction from deposit clause;
- Inventory or condition report.
Some contracts expressly provide that the tenant must repaint before leaving or pay repainting costs. Others say the tenant must return the unit in the same condition as received, except ordinary wear and tear. Some contracts allow deductions for unpaid rent, utilities, damage, cleaning, repainting, replacement of missing items, and repairs.
If the contract expressly requires repainting, the clause is usually enforceable, provided it is not illegal, unconscionable, or applied abusively. But if the contract is silent, the landlord must rely on general law and evidence of actual damage.
IV. What If There Is No Written Lease Contract?
A lease can exist even without a written contract. The terms may be proven by receipts, messages, emails, bank transfers, witnesses, move-in discussions, house rules, or the parties’ conduct.
If there is no written lease, the landlord has a harder time proving that the tenant agreed to pay repainting costs. The landlord may still claim damages if the tenant caused actual damage, but the landlord must prove the damage and the amount.
The tenant may argue:
- There was no agreement to repaint;
- The walls only show ordinary wear and tear;
- The landlord is using the deposit for renovation or improvement;
- The repainting is for the landlord’s business convenience;
- The amount is excessive or unsupported by receipts;
- The condition already existed before move-in.
V. Ordinary Wear and Tear vs. Tenant-Caused Damage
The key distinction is ordinary wear and tear versus damage.
Ordinary Wear and Tear
Ordinary wear and tear refers to natural deterioration from normal, careful use of the property over time. It is generally the landlord’s responsibility.
Examples may include:
- Slight fading of paint due to time and sunlight;
- Minor wall scuffs from normal occupancy;
- Small nail holes from reasonable hanging of items, depending on the lease and custom;
- Slight discoloration from age;
- General dullness of paint after years of use;
- Minor marks from furniture placement;
- Normal dust or grime that can be cleaned.
A landlord usually cannot charge the tenant for repainting if the repainting is needed only because the unit naturally aged during the tenancy.
Tenant-Caused Damage
Tenant-caused damage goes beyond normal use and may justify charges.
Examples may include:
- Large holes in walls;
- Many drill holes or anchors;
- Wall cracks caused by improper installation;
- Unauthorized repainting in a different color;
- Paint stripped by adhesive hooks or tape;
- Graffiti, drawings, stains, or markings;
- Smoke stains or strong odor from smoking;
- Mold caused by tenant misuse or failure to report leaks;
- Food, oil, ink, or chemical stains;
- Water damage caused by tenant negligence;
- Pet scratches, urine stains, or odor;
- Damage from parties, guests, or subtenants;
- Unapproved shelves, fixtures, or wall-mounted items;
- Failure to remove installations properly.
In these situations, the landlord may charge the reasonable cost of restoring the affected areas, but not necessarily the full cost of repainting the entire unit if only a small area was damaged.
VI. Can the Landlord Deduct Repainting Costs from the Security Deposit?
A security deposit is usually intended to answer for unpaid rent, unpaid utilities, damage to the leased property, missing items, and other obligations under the lease. It is not supposed to be a free renovation fund for the landlord.
A landlord may deduct repainting costs from the security deposit only if there is a valid basis, such as:
- The lease contract authorizes the deduction;
- The tenant agreed to repaint or pay repainting costs;
- The tenant caused wall damage beyond ordinary wear and tear;
- The amount deducted is reasonable and supported by proof;
- The deduction corresponds to actual restoration, not improvement.
If the contract is silent and there is no actual tenant-caused damage, the landlord should generally return the security deposit, subject to legitimate deductions.
VII. Repainting as Maintenance vs. Repainting as Repair
Repainting can be either maintenance or repair, depending on the reason.
Repainting as Landlord Maintenance
If repainting is done because the paint is old, faded, outdated, or the landlord wants the unit attractive for a new tenant, it is generally part of the landlord’s cost of maintaining or marketing the property.
The landlord should usually shoulder this.
Repainting as Tenant Repair Liability
If repainting is necessary because the tenant damaged the walls, made unauthorized changes, or failed to return the unit in reasonable condition, repainting may be a repair cost chargeable to the tenant.
The landlord must still prove that:
- The tenant caused the condition;
- The condition is beyond ordinary wear and tear;
- Repainting is reasonably necessary;
- The amount charged is fair.
VIII. “Return the Unit in Good Condition” Clauses
Many lease contracts say the tenant must return the unit in good condition. This does not always mean the tenant must make the unit look brand new.
A fair reading is usually that the tenant must return the property in substantially the same condition as received, except for normal deterioration due to ordinary use.
If the unit was already old, faded, stained, or poorly painted at move-in, the landlord cannot fairly charge the tenant for restoring it to a better condition than it had at the start.
The tenant is not an insurer of the property’s perfection. The tenant is responsible for proper care, not for ordinary aging.
IX. Burden of Proof
The party claiming payment usually has the burden to prove the basis of the claim.
If the landlord wants to charge repainting costs, the landlord should be able to show:
- Move-in photos or inspection report;
- Move-out photos;
- Specific damaged areas;
- Lease provision allowing the charge, if any;
- Contractor quotation or receipt;
- Explanation of why repainting was necessary;
- Computation of the amount deducted;
- Proof that the amount is not excessive.
If the landlord cannot show proof, the tenant may dispute the deduction.
The tenant, on the other hand, should preserve:
- Move-in photos;
- Move-out photos;
- Messages with the landlord;
- Receipts for cleaning or repairs;
- Witnesses who saw the condition;
- Copy of the lease contract;
- Proof of deposit payment;
- Demand letters or replies.
X. The Importance of Move-In and Move-Out Documentation
Many repainting disputes happen because there is no documentation of the unit’s condition.
Before moving in, the tenant should take clear photos and videos of:
- Walls;
- Ceilings;
- Floors;
- Doors;
- Windows;
- Fixtures;
- Bathroom;
- Kitchen;
- Existing stains, cracks, holes, peeling paint, or discoloration.
The tenant should send these to the landlord by email, chat, or written acknowledgment so there is a date record.
Before moving out, the tenant should again take photos and videos after cleaning and removing personal belongings.
The landlord should also inspect the unit with the tenant present, list any issues, and provide a written move-out report.
Without documentation, both sides may rely on competing stories.
XI. Can the Landlord Charge for Full Repainting If Only Part of the Wall Was Damaged?
Not always.
A landlord should charge only the reasonable cost needed to address the damage. If only one wall or portion of a wall was damaged, charging for repainting the entire house or condominium unit may be excessive unless full repainting is reasonably necessary to restore uniformity or because the damage is widespread.
A fair approach considers:
- Size of damaged area;
- Whether touch-up painting is possible;
- Whether paint matching is available;
- Age of the existing paint;
- Whether damage is isolated or widespread;
- Whether repainting the entire room is necessary;
- Whether repainting the entire unit is disproportionate.
The landlord cannot use a small mark as an excuse to charge the tenant for a full renovation.
XII. Depreciation and Age of Paint
Paint has a useful life. If the paint was already old when the tenant moved in, the landlord’s claim should be reduced or rejected depending on the facts.
Example:
A tenant rented a unit for five years. The paint was already two years old at move-in. At move-out, the walls are faded and slightly marked from ordinary use. The landlord charges the tenant for repainting the entire unit. The tenant may validly argue that repainting is ordinary maintenance after years of occupancy, not tenant damage.
Another example:
A tenant rented a newly painted unit for six months and left large stains, drill holes, and unauthorized dark paint on several walls. The landlord may have a stronger claim for repainting costs.
The longer the tenancy, the stronger the tenant’s argument that repainting is normal maintenance unless there is clear damage.
XIII. Unauthorized Painting or Alteration by the Tenant
If the tenant painted the walls without the landlord’s consent, changed the wall color, installed wallpaper, used textured paint, or made decorative alterations, the landlord may charge restoration costs.
Even if the tenant believes the new paint improved the unit, the landlord is generally entitled to require restoration if the alteration was unauthorized or inconsistent with the lease.
The tenant should obtain written consent before:
- Repainting;
- Installing wallpaper;
- Drilling walls;
- Mounting shelves or televisions;
- Installing cabinets;
- Adding fixtures;
- Using adhesive panels;
- Making decorative modifications.
Written consent should specify whether restoration is required at move-out.
XIV. Small Nail Holes and Wall Fixtures
Whether small nail holes justify repainting charges depends on the contract, the number of holes, the nature of the unit, and the parties’ agreement.
A few small nail holes from normal hanging of pictures may be ordinary wear and tear, especially in a long residential lease. However, many large holes, wall anchors, TV mount holes, or damaged plaster may be chargeable.
Tenants should patch holes properly before leaving, but poor patching that creates visible lumps or mismatched paint may still lead to reasonable repair costs.
XV. Adhesive Hooks, Stickers, Tape, and Wall Damage
Adhesive hooks and tapes are common causes of repainting disputes. They may strip paint or leave residue when removed.
If the tenant used adhesive products and they damaged the paint, the landlord may charge the tenant for repair or repainting of the affected areas. The tenant may argue against full-unit repainting if the damage is limited.
Tenants should remove adhesives carefully and follow product instructions. They should also ask the landlord before using strong adhesives.
XVI. Smoke, Odor, and Stains
Smoking indoors can cause yellowing, odor, stains, and residue. If the lease prohibits smoking or if smoking caused damage beyond ordinary wear, the landlord may charge cleaning, deodorizing, and repainting costs.
Similarly, strong odors from pets, cooking, chemicals, or other activities may require special cleaning or repainting if attributable to the tenant’s misuse.
The landlord must still prove the condition and reasonableness of the cost.
XVII. Mold, Moisture, and Water Damage
Mold and water stains can be complicated. Liability depends on cause.
The landlord may be responsible if mold or water damage resulted from:
- Roof leaks;
- Plumbing defects;
- Structural problems;
- Poor ventilation inherent in the unit;
- Defective waterproofing;
- Problems reported by the tenant but not repaired.
The tenant may be responsible if damage resulted from:
- Failure to report leaks promptly;
- Leaving windows open during rain;
- Misuse of plumbing;
- Blocking ventilation;
- Improper use of appliances;
- Causing flooding;
- Neglecting obvious moisture problems.
Evidence is important. Messages reporting leaks, repair requests, photos, and inspection reports can determine liability.
XVIII. What If the Landlord Refuses to Return the Deposit?
If the landlord refuses to return the security deposit or deducts repainting costs without basis, the tenant may take several steps.
1. Request a Written Breakdown
The tenant should ask for a written itemization of deductions, including:
- Specific damaged areas;
- Basis under the contract;
- Photos of alleged damage;
- Receipts or quotations;
- Computation of repainting cost;
- Balance of the deposit to be returned.
2. Send a Written Demand
If the landlord does not respond or the deduction is unjustified, the tenant may send a demand letter asking for the return of the deposit within a specific period.
The demand should be calm, factual, and supported by documents.
3. Barangay Conciliation
If the parties live in the same city or municipality, barangay conciliation may be required before filing certain civil claims in court, subject to exceptions. This may help resolve deposit disputes.
However, if the dispute involves parties in different cities, juridical entities, urgent legal remedies, or other exceptions, barangay conciliation may not apply.
4. Small Claims Case
A tenant may consider a small claims case to recover the deposit or unjustified deductions. Small claims procedure is designed for money claims and does not require a lawyer to appear.
The tenant should prepare:
- Lease contract;
- Proof of deposit payment;
- Move-in and move-out photos;
- Messages;
- Demand letter;
- Landlord’s deduction statement;
- Receipts or proof contradicting the deduction;
- Witness statements, if any.
5. Civil Action
For larger or more complex disputes, a regular civil action may be considered. Legal advice is recommended.
XIX. What If the Landlord Demands Additional Payment Beyond the Deposit?
A landlord may demand payment beyond the deposit if actual damage exceeds the deposit. However, the landlord must prove the claim.
The landlord cannot simply declare an amount without evidence. The amount must be reasonable, necessary, and connected to tenant-caused damage or a contractual obligation.
The tenant may dispute the demand by asking for:
- The contract clause relied upon;
- Photos;
- Inspection report;
- Contractor quotation;
- Official receipt;
- Explanation of why repainting is tenant liability;
- Proof that the condition was not ordinary wear and tear.
If the landlord threatens legal action, the tenant should respond in writing and preserve all records.
XX. Sample Tenant Response to Unjustified Repainting Charge
A tenant may write something like this:
Dear [Landlord],
I acknowledge receipt of your message regarding the deduction of repainting costs from my security deposit. I respectfully dispute the deduction because our lease agreement does not provide that I am required to pay for repainting upon move-out, and the condition of the walls reflects ordinary wear and tear from normal use.
Please provide a written itemized breakdown of the alleged damage, the specific lease provision authorizing the charge, move-in and move-out photos showing the claimed damage, and receipts or quotations supporting the amount.
In the absence of a valid contractual or factual basis, I request the return of my security deposit balance within [number] days.
Thank you.
This should be adjusted based on the facts.
XXI. Sample Landlord Notice for Legitimate Repainting Deduction
A landlord with a valid basis should communicate clearly:
Dear [Tenant],
After the move-out inspection on [date], we found damage to the walls beyond ordinary wear and tear, specifically: [describe damage]. Attached are move-in photos, move-out photos, and the contractor’s quotation/receipt for repair and repainting.
Under the lease agreement and your obligation to return the unit in good condition, we will deduct the reasonable cost of restoring the affected areas from your security deposit. The total cost is ₱[amount]. Your remaining deposit balance is ₱[amount], which will be returned on [date].
Please let us know if you would like to discuss the itemization.
This helps avoid arbitrary or unsupported deductions.
XXII. Can the Tenant Be Required to Repaint Before Leaving?
The tenant can be required to repaint before leaving if:
- The lease contract clearly requires it;
- The tenant agreed to it in writing;
- The tenant caused damage requiring repainting;
- The tenant made unauthorized alterations requiring restoration.
If none of these applies, a landlord’s demand that the tenant repaint the unit may be contestable.
A tenant who chooses to repaint should ask for written approval of:
- Paint color;
- Brand or specification;
- Areas to be repainted;
- Whether professional labor is required;
- Whether repainting satisfies move-out obligations;
- Whether the security deposit will then be returned in full.
Otherwise, the tenant may repaint and still face deductions because the landlord claims the work was unsatisfactory.
XXIII. Can the Landlord Insist on a Specific Painter or Contractor?
If the lease contract gives the landlord that right, or if the work affects the quality and value of the property, the landlord may reasonably require proper workmanship.
But the landlord should not use this to inflate costs. If the landlord insists on a particular contractor whose quote is unreasonable, the tenant may challenge the amount.
A fair approach is to obtain multiple quotations or agree on a reasonable cost.
XXIV. Rent Control Considerations
For residential units covered by rent control laws or similar regulations, certain protections may apply regarding ejectment, rent increases, deposits, and lease practices. The applicability depends on the rental amount, type of property, and current law.
However, repainting disputes are usually treated as contract and deposit disputes unless tied to illegal eviction, harassment, or unlawful withholding of amounts.
XXV. If the Landlord Uses Repainting Charges to Harass or Evict
Sometimes repainting charges are not really about paint. They may be used to pressure a tenant, justify withholding a deposit, retaliate, or create a reason for eviction.
A tenant should document suspicious conduct, such as:
- Sudden excessive charges;
- Refusal to inspect with the tenant present;
- No receipts or photos;
- Charging for old damage;
- Charging after a dispute;
- Threats to lock out the tenant;
- Refusal to return belongings;
- Utility disconnection;
- Public shaming or intimidation.
Landlords generally should not resort to self-help measures such as changing locks, cutting utilities, seizing belongings, or using threats. Proper legal process is required for eviction and collection.
XXVI. Practical Factors Courts or Mediators May Consider
In a dispute, the following facts may matter:
- Was there a written lease?
- Did it mention repainting?
- Was there a security deposit clause?
- Was there a move-in inspection?
- Was there a move-out inspection?
- How long did the tenant stay?
- Was the unit newly painted at move-in?
- Were the walls already old or damaged?
- Are there photos from both sides?
- What exact damage is alleged?
- Is the damage ordinary wear and tear?
- Is the repainting cost reasonable?
- Was the entire unit repainted or only affected areas?
- Did the tenant alter the unit without permission?
- Did the landlord provide receipts?
- Did the tenant ask for return of the deposit?
- Were there unpaid rent or utilities?
- Did either party act in bad faith?
XXVII. Tenant’s Best Arguments Against the Charge
A tenant disputing repainting costs may argue:
- There is no contract clause requiring repainting.
- The walls show only ordinary wear and tear.
- The paint naturally aged during the lease.
- The unit was not newly painted at move-in.
- The alleged damage already existed.
- The landlord has no move-in photos.
- The landlord has no receipts or official quotation.
- The amount is excessive.
- Only a small area was affected.
- The landlord repainted for the next tenant, not because of tenant damage.
- The deposit deduction was arbitrary.
- The landlord failed to provide an itemized accounting.
- The landlord is improving the property at the tenant’s expense.
XXVIII. Landlord’s Best Arguments for the Charge
A landlord seeking reimbursement may argue:
- The lease requires return of the unit in good condition.
- The lease authorizes deductions for damage and repairs.
- The tenant caused wall damage beyond ordinary wear and tear.
- Move-in and move-out photos show deterioration caused by the tenant.
- The tenant made unauthorized alterations.
- The tenant used adhesives, nails, or fixtures that damaged paint.
- The tenant smoked or caused stains.
- The tenant failed to repair or restore before leaving.
- The repainting was necessary and reasonable.
- The amount is supported by receipts or quotations.
- The deduction was limited to actual restoration costs.
XXIX. Best Practices for Tenants
Tenants should:
- Read the lease before signing;
- Ask whether repainting is required at move-out;
- Take move-in photos and videos;
- Report existing wall damage immediately;
- Avoid unauthorized painting or drilling;
- Use landlord-approved mounting methods;
- Keep the unit clean and ventilated;
- Report leaks and moisture problems promptly;
- Patch minor holes properly;
- Attend move-out inspection;
- Request written clearance;
- Ask for itemized deposit deductions;
- Keep all payment records and messages.
Before signing a lease, tenants may request a clause such as:
The tenant shall not be liable for repainting costs due solely to ordinary wear and tear. Repainting shall be charged to the tenant only for damage beyond ordinary wear and tear or unauthorized alterations caused by the tenant, subject to itemized proof.
XXX. Best Practices for Landlords
Landlords should:
- Put repainting obligations clearly in the lease;
- Distinguish ordinary wear and tear from tenant damage;
- Conduct move-in and move-out inspections;
- Use a signed condition checklist;
- Take dated photos;
- Provide itemized deductions;
- Keep receipts and quotations;
- Charge only reasonable restoration costs;
- Avoid using deposits as automatic repainting funds;
- Return unused deposit promptly;
- Avoid threats, lockouts, or self-help eviction.
A clear lease clause may state:
The tenant shall return the premises in good and tenantable condition, ordinary wear and tear excepted. The tenant shall be liable for repainting or wall restoration only if damage beyond ordinary wear and tear, unauthorized alteration, staining, excessive holes, or misuse is found upon move-out. Any deduction shall be itemized and supported by reasonable documentation.
Alternatively, if the parties truly intend automatic repainting:
Upon termination of the lease, the tenant shall repaint the premises using the original color and comparable paint quality, or pay the reasonable cost of repainting, regardless of ordinary wear and tear.
This type of clause should be clearly discussed before signing because it imposes a specific move-out cost.
XXXI. Common Scenarios
Scenario 1: No Clause, Normal Fading
The tenant stayed for three years. The contract does not mention repainting. The walls are slightly faded with minor scuffs. The landlord deducts full repainting cost.
The tenant has a strong argument that this is ordinary wear and tear and not chargeable.
Scenario 2: Unauthorized Dark Paint
The tenant painted white walls dark blue without permission. The landlord repaints the walls white after move-out.
The landlord likely has a valid claim for restoration costs.
Scenario 3: Small Marks After One-Year Lease
The tenant stayed for one year. There are minor scuffs near furniture areas. The landlord charges repainting of the entire unit.
This may be excessive unless the landlord proves damage beyond ordinary use.
Scenario 4: Heavy Sticker Damage
The tenant used adhesive panels that removed paint in several places. The landlord charges repainting of affected walls.
The landlord may have a valid claim, but the cost should be reasonable and limited to necessary areas.
Scenario 5: Newly Painted Unit, Severe Stains
The unit was newly painted at move-in. After six months, the walls have ink, oil stains, and large holes.
The landlord likely has a strong basis to charge repair and repainting costs.
Scenario 6: Old Paint, No Move-In Photos
The landlord claims the tenant damaged the walls but has no move-in photos. The tenant has photos showing old stains at move-in.
The tenant’s evidence may defeat or reduce the claim.
XXXII. Remedies If the Dispute Cannot Be Settled
If negotiation fails, possible remedies include:
- Barangay conciliation, if applicable;
- Demand letter;
- Small claims case for return of deposit;
- Civil action for collection or damages;
- Counterclaim if sued;
- Complaint to appropriate housing or local office, if applicable;
- Legal consultation with a lawyer or legal aid office.
The appropriate remedy depends on the amount involved, location of parties, nature of the lease, and available documents.
XXXIII. Checklist for Disputing Repainting Deductions
A tenant should gather:
- Lease contract;
- Proof of security deposit;
- Rent receipts;
- Move-in photos/videos;
- Move-out photos/videos;
- Chat messages about unit condition;
- Repair reports;
- Landlord’s itemized deductions;
- Receipts or quotations provided by landlord;
- Demand letter;
- Barangay records, if any;
- Witness statements.
Then ask:
- Does the contract require repainting?
- Does the contract allow deduction for repainting?
- Was there actual wall damage?
- Is the damage beyond ordinary wear and tear?
- Did the damage exist before move-in?
- Is the amount reasonable?
- Is full-unit repainting necessary?
- Did the landlord provide proof?
XXXIV. Checklist for Landlords Before Charging Repainting Costs
A landlord should ask:
- Is there a contract clause?
- Was the unit newly painted or documented at move-in?
- Is the damage beyond ordinary wear and tear?
- Are there photos?
- Is the tenant responsible?
- Is repainting necessary?
- Is the charge limited to affected areas?
- Are receipts or quotations available?
- Has the tenant been given an itemized explanation?
- Is the deduction fair and defensible?
If the answer to these questions is weak, the landlord should reconsider the deduction.
Conclusion
In the Philippines, a landlord generally cannot charge repainting costs to a tenant without a contractual basis or proof that the tenant caused damage beyond ordinary wear and tear. If the lease contract does not require repainting, the landlord must justify the charge through evidence, reasonableness, and actual damage.
Ordinary fading, minor scuffs, and natural deterioration are usually part of the landlord’s maintenance burden. But unauthorized painting, excessive holes, stains, smoke damage, adhesive damage, and other misuse may make the tenant liable for reasonable repainting or restoration costs.
The best protection for both sides is clear documentation: a written lease, move-in and move-out photos, inspection reports, itemized deductions, and written communications. A security deposit should not be treated as an automatic repainting fund. It should be used only for legitimate obligations, supported by proof and fairness.