A Legal Article in the Philippine Context

I. Overview

In the Philippines, a landlord may sometimes demand cleaning fees, repair costs, or damage charges from a tenant after the tenant vacates the property. These claims often become disputed when there is no written lease contract.

The absence of a written lease does not mean there is no landlord-tenant relationship. A lease may be oral, implied, or proven by conduct. If the tenant occupied the premises and paid rent with the landlord’s consent, a lease relationship may exist even without a signed contract.

However, the lack of a written lease makes disputes harder because there may be no clear agreement on:

Who pays for cleaning;
What condition the property must be returned in;
What counts as tenant-caused damage;
Whether a security deposit exists;
When the deposit may be withheld;
Whether repainting, deep cleaning, pest control, or repairs are chargeable;
Whether normal wear and tear is excluded;
How damages are proven;
Whether the landlord can impose penalties or arbitrary fees.

The core legal rule is this:

A landlord cannot simply invent cleaning fees or damage claims after the tenant leaves. The landlord must have a legal, contractual, or factual basis and must prove the amount claimed.

At the same time, a tenant cannot damage the leased property and escape liability merely because there is no written lease. Even without a written contract, the tenant may be liable for damage caused by fault, negligence, misuse, or failure to return the premises in a reasonable condition.

II. Oral Lease Is Valid in the Philippines

A lease does not always need to be written to be valid.

A lease may be formed when:

The landlord allows the tenant to occupy the property;
The tenant pays rent;
The landlord accepts rent;
The parties agree, expressly or impliedly, on use of the property;
The arrangement continues for a period of time.

Examples of proof of an oral lease include:

Rent receipts;
Bank transfer records;
GCash or Maya payments;
Text messages;
Messenger or Viber conversations;
Emails;
Barangay records;
Witness testimony;
Utility billing arrangements;
Keys turned over to the tenant;
Move-in photos;
Deposit payment records.

The problem is not validity. The problem is proof.

III. Effect of Having No Written Lease

Without a written lease, the parties must rely on:

The Civil Code;
Special landlord-tenant laws, if applicable;
Local ordinances, if any;
General rules on obligations and contracts;
Evidence of the parties’ oral agreement;
Custom and practice;
Receipts, messages, and conduct;
Barangay or court findings.

A landlord may not rely on a clause that was never agreed upon. For example, if there was no agreement that the tenant must pay a fixed ₱5,000 cleaning fee upon move-out, the landlord must justify the charge based on actual cleaning necessity, damage, or expenses.

Similarly, a tenant may not claim there was no obligation to care for the property. Even without a written lease, the tenant has a duty to use the property properly and return it in a reasonable condition, subject to ordinary wear and tear.

IV. Tenant’s General Duty to Take Care of the Property

A tenant is generally expected to use the leased property with the diligence of a good father of a family. This means reasonable care.

The tenant should:

Keep the premises reasonably clean;
Avoid damaging walls, floors, doors, windows, plumbing, wiring, fixtures, and appliances;
Use the property only for the agreed purpose;
Report serious defects or damage;
Avoid unauthorized alterations;
Avoid overloading electrical systems;
Prevent avoidable water damage;
Avoid pest infestation caused by poor sanitation;
Return keys and access devices;
Vacate peacefully and remove personal belongings.

If the tenant fails to exercise reasonable care and damage results, the tenant may be liable.

V. Landlord’s General Duty

The landlord also has duties.

A landlord should:

Deliver the property in a condition suitable for the agreed use;
Respect the tenant’s peaceful possession during the lease;
Make necessary repairs that are not caused by the tenant, unless otherwise agreed;
Avoid illegal lockouts;
Avoid arbitrary confiscation of property;
Return deposits that are not validly applied to unpaid rent, utilities, or proven damages;
Provide a reasonable accounting of deductions;
Avoid charging the tenant for ordinary wear and tear;
Avoid charging inflated or unsupported fees;
Follow lawful eviction and collection procedures.

The landlord’s ownership does not give unlimited authority to impose charges without proof.

VI. Cleaning Fees Without Written Lease

A landlord may demand cleaning fees only if there is a proper basis.

Possible bases include:

A clear oral agreement;
A consistent practice known and accepted by the tenant;
Actual cleaning expenses caused by the tenant’s failure to leave the premises reasonably clean;
Damage or filth beyond ordinary use;
Abandoned garbage, furniture, food waste, or hazardous materials;
Pest infestation caused by the tenant’s poor sanitation;
Cleaning required because of tenant misuse;
Cleaning necessary to restore the unit to a reasonable move-out condition.

Without proof, a cleaning fee may be challenged as arbitrary.

VII. When Cleaning Fees May Be Reasonable

A cleaning charge may be reasonable if the tenant leaves the property in a condition requiring more than ordinary cleaning.

Examples:

Garbage left inside the unit;
Food waste causing odor or pests;
Grease accumulation beyond ordinary use;
Mold caused by tenant neglect;
Pet waste;
Stains on floors or walls caused by tenant misuse;
Abandoned furniture or appliances;
Broken glass or debris;
Human waste or hazardous waste;
Clogged drains caused by improper disposal;
Severe dirt inconsistent with normal occupancy;
Unauthorized painting or adhesive residue requiring removal.

The landlord should prove the condition through photos, videos, witnesses, inspection report, receipts, and itemized billing.

VIII. When Cleaning Fees May Be Unreasonable

A cleaning charge may be unreasonable if it is:

Not previously agreed upon;
Automatically imposed without inspection;
Excessive compared with actual cleaning needed;
Unsupported by receipts or estimates;
Charged for ordinary dust or normal use;
Charged to prepare the unit for a new tenant beyond the old tenant’s responsibility;
Used as a disguised penalty;
Deducted from deposit without explanation;
Charged despite the tenant leaving the unit reasonably clean;
Based on landlord preference for “deep cleaning” rather than actual tenant fault.

A landlord cannot make the outgoing tenant pay for ordinary turnover expenses unless the tenant caused unusual dirt, damage, or cleaning burden.

IX. Damage Claims Without Written Lease

A landlord may claim damages even without a written lease if the tenant damaged the property.

But the landlord must prove:

The condition of the property before or at move-in;
The condition of the property after move-out;
The damage occurred during the tenant’s occupancy;
The damage was caused by the tenant, household members, guests, pets, or persons under the tenant’s responsibility;
The damage is not ordinary wear and tear;
The amount claimed is reasonable and supported.

Without proof, the claim may fail.

X. Ordinary Wear and Tear

A tenant is generally not responsible for ordinary wear and tear.

Ordinary wear and tear refers to deterioration caused by normal, careful use over time.

Examples may include:

Faded paint due to age;
Minor wall discoloration;
Small nail holes from ordinary hanging, depending on circumstances;
Worn floor finish from normal foot traffic;
Aging faucets or fixtures;
Minor scuffs;
Loose hinges from age;
Rust due to ordinary humidity and aging;
Normal appliance depreciation;
Faded curtains or blinds;
Hairline cracks due to settlement;
General aging of materials.

A landlord should not charge the tenant to renovate an old unit and make it brand new unless the tenant caused damage beyond ordinary use.

XI. Tenant-Caused Damage

Tenant-caused damage is different from normal wear and tear.

Examples include:

Broken doors, locks, windows, or tiles;
Large holes in walls;
Burn marks;
Broken fixtures due to misuse;
Water damage from leaving faucets open;
Damage from unauthorized renovation;
Electrical damage from improper appliances or overloading;
Severe stains;
Pet damage;
Missing fixtures;
Broken cabinets;
Clogged drains from grease, sanitary pads, diapers, hair, or foreign objects;
Unauthorized drilling;
Damage caused by parties or guests;
Lost keys or damaged access cards;
Missing remote controls;
Broken appliances supplied by landlord;
Damage from smoking if it caused stains or odor beyond normal cleaning.

These may be chargeable if proven.

XII. Burden of Proof

The person making the claim must prove it.

If the landlord claims cleaning fees or damages, the landlord should prove:

The tenant’s responsibility;
The nature of the damage or dirt;
That the damage is beyond ordinary wear and tear;
The cost of repair or cleaning;
That the amount is reasonable;
That the deduction from deposit, if any, is justified.

If the tenant disputes liability, the tenant should show:

Move-in photos;
Move-out photos;
Prior defects;
Messages reporting defects;
Proof that the unit was already old or damaged;
Receipts for cleaning paid by the tenant;
Witnesses who saw the move-out condition;
Evidence that the landlord’s amount is inflated.

XIII. Importance of Move-In and Move-Out Documentation

The best evidence in these cases is comparative documentation.

A. Move-in documentation

At move-in, the tenant should document:

Walls;
Floors;
Ceilings;
Doors and locks;
Windows;
Kitchen;
Bathroom;
Plumbing;
Electrical outlets;
Appliances;
Furniture;
Cabinets;
Air-conditioning units;
Water stains;
Existing cracks;
Pest issues;
Meter readings.

B. Move-out documentation

At move-out, the tenant should document:

Cleaned rooms;
Empty cabinets;
Working fixtures;
Returned keys;
Final meter readings;
Any defects already present before occupancy;
Photos with date stamps if possible;
Walkthrough with landlord or representative;
Written acknowledgment of turnover.

Without photos, disputes become testimony against testimony.

XIV. Security Deposit Without Written Lease

Many rentals involve a deposit even without a formal contract.

The deposit may have been described as:

Security deposit;
Advance deposit;
Damage deposit;
Rent deposit;
One month deposit;
Two months deposit;
“Deposit lang para sa sira”;
“Deposit for unpaid bills”;
“Deposit refundable upon move-out.”

Even without a written lease, the tenant can prove payment through receipts, bank records, e-wallet transfers, messages, or admissions.

XV. What Is a Security Deposit For?

A security deposit is commonly used to secure the tenant’s obligations, such as:

Unpaid rent;
Unpaid utilities;
Damage beyond ordinary wear and tear;
Missing items;
Cleaning costs caused by tenant’s failure to clean;
Lost keys or access devices;
Other agreed obligations.

It is not automatically the landlord’s money.

If there are no valid deductions, it should generally be returned.

XVI. Landlord Cannot Automatically Forfeit Deposit

A landlord cannot simply declare the deposit forfeited without basis.

A deposit may be deducted only for valid obligations, such as:

Unpaid rent;
Unpaid water or electricity bills;
Proven damage;
Reasonable cleaning costs caused by tenant;
Missing items;
Agreed charges.

If the landlord claims the entire deposit but cannot explain or prove deductions, the tenant may dispute the withholding.

XVII. Advance Rent vs. Security Deposit

Advance rent and security deposit are different.

A. Advance rent

Advance rent is payment for future occupancy.

Example:

“Two months advance” may mean the tenant paid the first two months or last two months of rent, depending on agreement.

B. Security deposit

Security deposit is held as security for obligations and may be refundable.

C. Disputes without written lease

Without a written lease, disputes arise over whether money paid was:

Advance rent;
Security deposit;
Reservation fee;
Non-refundable fee;
Damage deposit;
Mixed payment.

Proof may come from messages, receipts, payment descriptions, and conduct.

XVIII. Can the Landlord Deduct Cleaning Fees From Deposit?

Yes, but only if justified.

The landlord should provide an itemized accounting, such as:

Unpaid rent: ₱____
Unpaid electricity: ₱____
Unpaid water: ₱____
Cleaning: ₱____
Repair of broken tiles: ₱____
Replacement of missing keys: ₱____
Balance refundable: ₱____

The landlord should support deductions with:

Photos;
Receipts;
Repair estimates;
Utility bills;
Move-out inspection report;
Prior condition evidence.

A vague statement like “madumi ang unit, wala nang deposit” may be insufficient.

XIX. Can the Landlord Charge More Than the Deposit?

Yes, if actual damages exceed the deposit and the landlord can prove them.

Example:

The tenant paid ₱10,000 deposit but caused ₱30,000 in proven damage. The landlord may claim the additional ₱20,000.

However, the landlord must prove the damage and amount.

A landlord cannot inflate charges merely because the tenant left or because the landlord wants to renovate.

XX. Can the Tenant Refuse to Pay Cleaning Fees?

A tenant may refuse to pay cleaning fees if:

No cleaning fee was agreed upon;
The unit was left reasonably clean;
The landlord has no proof of unusual cleaning need;
The charge is excessive;
The landlord is charging for normal turnover;
The landlord is using cleaning fees to avoid returning deposit;
The claimed dirt or damage existed before move-in;
The landlord did not allow inspection or documentation.

However, if the tenant left garbage, serious dirt, pest infestation, or damage, refusal may expose the tenant to a valid claim.

XXI. Can the Landlord Refuse to Return the Deposit Until Inspection?

A landlord may reasonably inspect the property after move-out before returning the deposit.

But the inspection should be done within a reasonable time and in good faith.

The landlord should not use inspection as an excuse to indefinitely withhold money.

The tenant may request:

Inspection date;
Itemized list of deductions;
Photos of alleged damage;
Receipts or estimates;
Return of undisputed balance;
Written explanation of any withheld amount.

XXII. No Written Lease and Rent Control

Some residential leases may fall under rent control laws, depending on rent amount, location, and coverage. Rent control laws may affect rent increases and ejectment grounds, but cleaning fees and damage claims are still generally governed by contract, Civil Code obligations, evidence, and reasonableness.

Even where rent control applies, the landlord may still claim actual damages caused by the tenant. But rent control does not authorize arbitrary fees not agreed upon or proven.

XXIII. Repairs: Landlord’s Responsibility vs. Tenant’s Responsibility

A major issue is whether the repair should be paid by the landlord or tenant.

A. Usually landlord responsibility

The landlord is generally responsible for repairs caused by:

Age of the building;
Structural defects;
Normal deterioration;
Defective plumbing not caused by tenant misuse;
Roof leaks not caused by tenant;
Electrical defects from old wiring;
Appliance breakdown from age;
Hidden defects existing before occupancy;
Damage from force majeure, unless otherwise agreed;
Repairs necessary to keep the property fit for use.

B. Usually tenant responsibility

The tenant may be responsible for damage caused by:

Misuse;
Negligence;
Intentional damage;
Unauthorized alterations;
Overloading;
Poor sanitation;
Guests or household members;
Pets;
Failure to promptly report a problem that worsened because of delay;
Use beyond agreed purpose.

XXIV. Necessary Repairs During Lease

During the lease, the tenant should inform the landlord of necessary repairs.

If the tenant fails to report a leak, electrical problem, or structural issue and the problem becomes worse, there may be a dispute over responsibility.

Example:

A small leak under the sink was visible for months. The tenant ignored it. It damaged cabinets and flooring. The landlord may argue the tenant’s failure to report worsened the damage.

But if the tenant reported the leak and the landlord ignored it, the landlord may be responsible.

XXV. Unauthorized Improvements and Alterations

Without written permission, tenants should avoid:

Repainting;
Drilling;
Installing shelves;
Removing doors;
Changing locks;
Installing partitions;
Modifying plumbing;
Altering electrical wiring;
Installing air-conditioning holes;
Changing tiles;
Mounting heavy fixtures;
Replacing built-in cabinets.

If the tenant made unauthorized changes, the landlord may demand restoration or repair costs.

However, if the landlord consented orally or by messages, the tenant should preserve proof.

XXVI. Repainting Claims

Landlords commonly charge repainting after move-out.

Repainting may be chargeable if:

Tenant caused stains beyond normal use;
Tenant painted without permission;
Walls have large holes or marks;
Smoke or soot stained the walls;
Pet damage affected walls;
Stickers, adhesives, or panels damaged paint;
The tenant agreed to repaint upon move-out.

Repainting may be unreasonable if:

Paint faded naturally from age;
The landlord routinely repaints between tenants;
The tenant occupied for a long period and ordinary wear is expected;
The landlord wants a different color for a new tenant;
No unusual damage exists.

XXVII. Pest Control Claims

A landlord may claim pest control costs if the infestation was caused by the tenant’s poor sanitation.

Examples:

Food waste left inside unit;
Garbage accumulation;
Cockroach infestation from unclean kitchen;
Rodent activity from food storage;
Pet fleas from tenant’s animals.

But the tenant may not be responsible if:

The building already had pests before move-in;
Other units were infested;
The landlord failed to maintain common areas;
Infestation came from structural gaps;
The tenant reported the problem early and landlord ignored it.

Pest control liability depends heavily on evidence.

XXVIII. Plumbing Claims

Plumbing disputes are common.

The tenant may be liable for clogs caused by improper disposal of:

Grease;
Food scraps;
Hair accumulation beyond ordinary use;
Sanitary pads;
Diapers;
Wipes;
Cotton buds;
Rags;
Foreign objects;
Cement or construction residue.

The landlord may be liable for:

Old pipes;
Tree root damage;
Building-wide drainage problems;
Pre-existing plumbing defects;
Poor construction;
Ordinary deterioration.

The party claiming payment should provide plumber findings, photos, and receipts.

XXIX. Electrical Damage Claims

Electrical damage may be disputed.

Tenant-caused electrical damage may include:

Overloading outlets;
Unauthorized electrical work;
Improper air-conditioner installation;
Use of unsafe extension cords;
Tampering with breakers;
Damage from appliances brought by tenant.

Landlord responsibility may include:

Old wiring;
Defective breakers;
Unsafe original installation;
Electrical system not fit for normal residential use;
Hidden defects.

Electrical claims should ideally be supported by electrician reports.

XXX. Appliance Damage

If the unit came with appliances, disputes may arise over refrigerators, air-conditioners, washing machines, stoves, water heaters, or fans.

Tenant may be liable if damage was caused by misuse, negligence, or physical breakage.

Tenant may not be liable if appliance failure was due to age, ordinary use, pre-existing defect, or lack of maintenance that landlord was responsible for.

Important evidence includes:

Inventory list;
Move-in appliance condition;
Repair diagnosis;
Age of appliance;
Photos;
Receipts;
Messages reporting defects;
Usage instructions.

XXXI. Furniture and Fixture Claims

For furnished units, the landlord should prove what items were included and their condition.

Without an inventory, claims become difficult.

Possible chargeable items include:

Missing chairs;
Broken tables;
Damaged mattress;
Broken cabinet doors;
Missing curtains;
Damaged sofa;
Broken mirrors;
Missing remote controls;
Damaged light fixtures;
Missing keys.

The tenant should not be charged full replacement cost for old furniture if repair or depreciated value is more reasonable.

XXXII. Depreciation and Betterment

A landlord should not profit from damage claims.

If an old item is damaged, the landlord may not always be entitled to charge the tenant the full cost of a brand-new replacement.

Example:

A 10-year-old cabinet with limited remaining value is damaged. Charging the tenant the full price of a new premium cabinet may be excessive.

The proper amount may consider:

Age of item;
Condition before damage;
Expected useful life;
Repair cost;
Replacement cost;
Depreciation;
Whether full replacement was necessary;
Whether the landlord upgraded the item.

This principle prevents unjust enrichment.

XXXIII. Landlord’s Duty to Mitigate

A landlord should act reasonably to reduce losses.

For example, if a minor leak is discovered after move-out, the landlord should repair promptly and not allow the unit to deteriorate further before charging the tenant.

Similarly, if cleaning could be done for a reasonable amount, the landlord should not hire an unreasonably expensive service and charge the full amount without justification.

XXXIV. Tenant’s Abandoned Property

If the tenant leaves belongings, garbage, furniture, or appliances behind, the landlord may incur removal or storage costs.

However, the landlord should be careful before disposing of items because some belongings may still have value.

Best practice:

Notify tenant in writing;
Give reasonable time to claim items;
Document abandoned items;
Avoid destroying valuable property immediately;
Charge reasonable removal/storage costs if justified;
Coordinate with barangay if dispute is likely.

If the tenant clearly abandoned trash or worthless items, removal cost may be chargeable.

XXXV. Illegal Lockout and Self-Help

A landlord should not use illegal self-help methods to collect cleaning fees or damages.

Risky acts include:

Changing locks while tenant still has right to occupy;
Cutting electricity or water to force payment;
Seizing tenant’s belongings without legal basis;
Threatening tenant;
Harassing tenant’s family;
Publicly shaming tenant;
Refusing access to retrieve belongings;
Forcibly evicting tenant without proper process.

Even if the tenant owes money, the landlord should use lawful remedies.

XXXVI. Tenant Leaving Without Notice

If the tenant leaves suddenly without notice, the landlord may claim unpaid rent, utilities, cleaning, and damages if proven.

However, lack of notice does not automatically justify forfeiture of the entire deposit unless agreed or supported by actual loss.

Without a written lease, the landlord must prove the notice period or loss.

For month-to-month oral leases, the proper notice depends on the parties’ arrangement, payment period, and applicable law.

XXXVII. Month-to-Month Oral Lease

Many oral residential leases are effectively month-to-month.

If rent is paid monthly, the lease may be understood as monthly unless evidence shows a longer fixed term.

Disputes may arise over:

Whether tenant must give 30 days’ notice;
Whether deposit covers the last month;
Whether leaving mid-month forfeits rent;
Whether landlord may immediately relet;
Whether tenant owes rent after vacating.

In the absence of written terms, courts or barangay officials may look at payment practice, messages, and fairness.

XXXVIII. Commercial Lease Without Written Contract

Commercial rentals without written leases can be more complicated.

Damage and cleaning claims may involve:

Business fixtures;
Signage removal;
Grease traps;
Kitchen exhaust;
Storage damage;
Floor loading;
Unauthorized renovations;
Business waste;
Fire safety compliance;
Restoration of premises.

Commercial tenants may face larger restoration claims if they altered the premises for business use. Written documentation is especially important.

XXXIX. Boarding Houses, Bedspace, Dormitories, and Rooms

For room rentals, bedspaces, boarding houses, and dormitories, cleaning and damage claims may involve shared spaces.

Questions include:

Was the damage inside the tenant’s room or common area?
Was the tenant personally responsible?
Were several tenants sharing the space?
Was there a house rule on cleaning?
Was the charge divided fairly?
Was the landlord responsible for common-area maintenance?
Was there an inventory for bed, mattress, cabinet, fan, or keys?

Without proof, a landlord should not charge one tenant for damage caused by others.

XL. Condominiums

Condominium rentals may involve additional rules from the condominium corporation or property management.

Possible charges include:

Move-out cleaning;
Elevator padding damage;
Common area damage;
Move-out permit fees;
Association dues;
Utility charges;
Keycard replacement;
Parking sticker replacement;
Garbage disposal charges;
Administrative penalties.

Without a written lease, the tenant may still be bound by charges that were clearly communicated and are required by condominium rules, especially if the tenant accepted occupancy subject to those rules.

But the landlord should prove that the tenant was informed or that the charge was actually incurred because of the tenant.

XLI. Utilities and Final Bills

Landlords often withhold deposits for unpaid utilities.

Common utilities include:

Electricity;
Water;
Internet;
Cable;
Association dues;
Garbage fees;
LPG or gas;
Submeter charges.

A landlord may validly deduct unpaid utilities if the tenant was responsible for them.

The tenant should request:

Final meter reading;
Bill copy;
Computation;
Receipt of payment;
Return of excess deposit.

Utility deductions should not be guessed.

XLII. Lost Keys, Locks, and Access Cards

The landlord may charge reasonable replacement costs for:

Lost keys;
Damaged locks;
Missing access cards;
Missing gate remotes;
Mailbox keys;
Parking cards;
Duplicate keys, if security requires replacement.

However, charges should be reasonable. Replacing an entire lock system may be excessive unless security concerns justify it.

XLIII. Interest, Penalties, and Late Charges

Without a written lease, it is difficult for a landlord to impose penalties, interest, or fixed charges unless the tenant agreed to them.

A landlord may claim actual damages, but arbitrary penalties such as “₱1,000 per day cleaning delay” or “automatic forfeiture” may be challenged if not agreed and not legally justified.

XLIV. Verbal Agreements on Cleaning

A landlord may argue that there was an oral agreement that the tenant would pay cleaning or repainting.

The landlord must prove it.

Evidence may include:

Messages before move-in;
House rules sent to tenant;
Receipts mentioning cleaning deposit;
Witnesses;
Prior written reminders;
Tenant’s acknowledgment;
Payment descriptions;
Recorded agreement, if lawfully obtained and admissible.

A mere after-the-fact claim is weak.

XLV. House Rules Without Written Lease

Even without a formal lease, the landlord may have house rules.

House rules may cover:

Garbage disposal;
Cleaning schedule;
Pets;
Smoking;
Visitors;
Noise;
Use of appliances;
Common areas;
Parking;
Move-out procedures.

House rules are stronger if:

They were given before or during occupancy;
The tenant acknowledged them;
They are reasonable;
They are consistently enforced;
They do not violate law.

House rules cannot impose unreasonable, hidden, or retroactive charges.

XLVI. Pets and Cleaning Fees

Pet-related claims are common.

A landlord may charge for:

Pet urine stains;
Scratched doors or floors;
Chewed fixtures;
Flea treatment;
Odor removal;
Waste cleanup;
Damage to furniture.

But the landlord must prove pet-caused damage.

If pets were allowed and no special pet fee was agreed upon, the landlord may still claim actual damage but may not impose arbitrary pet penalties after the fact.

XLVII. Smoking and Odor Claims

If the tenant smoked inside the unit and caused odor, stains, or cleaning costs, the landlord may claim reasonable cleaning or repainting expenses, especially if smoking was prohibited or the damage is beyond ordinary use.

Evidence may include:

Photos of stains;
Witnesses;
Cleaning service assessment;
Odor treatment invoice;
Messages warning tenant;
House rules prohibiting smoking.

Ordinary odor from normal habitation is not the same as smoke damage.

XLVIII. Mold and Moisture Claims

Mold disputes are complex.

Tenant may be liable if mold was caused by:

Failure to ventilate despite obvious moisture;
Drying wet clothes indoors without ventilation;
Ignoring leaks;
Blocking airflow;
Poor sanitation;
Refusing access for repair.

Landlord may be liable if mold was caused by:

Roof leaks;
Plumbing defects;
Structural moisture;
Poor waterproofing;
Building design;
Defective windows;
Flooding not caused by tenant.

Evidence is essential.

XLIX. Flood, Fire, and Force Majeure Damage

If damage was caused by flood, typhoon, earthquake, fire, or other extraordinary event, liability depends on cause and negligence.

Tenant may be liable if:

Fire was caused by tenant’s negligence;
Tenant left appliances on;
Tenant stored flammable items improperly;
Tenant caused plumbing overflow;
Tenant ignored warnings.

Tenant may not be liable if:

Damage was from natural disaster;
Building defect caused the damage;
Landlord failed to maintain property;
Damage would have occurred regardless of tenant conduct.

L. Demand for Cleaning Fees After Deposit Was Already Returned

If the landlord already returned the deposit and later discovers damage, the landlord may still claim actual damages if legally provable.

However, the tenant may argue:

The landlord already inspected and accepted turnover;
The damage occurred after move-out;
The claim is delayed;
The landlord waived the issue;
There is no proof of tenant responsibility.

A written move-out clearance helps prevent later disputes.

LI. Move-Out Clearance

A move-out clearance is useful.

It may state:

Date tenant vacated;
Keys returned;
Condition of unit;
Items returned;
Meter readings;
Remaining obligations;
Deposit deductions;
Balance refundable;
Parties’ signatures.

If the landlord signs a clearance saying there are no further claims, later damage claims may be difficult unless hidden damage or fraud is proven.

LII. Hidden Damage

Some damage may not be visible during move-out inspection.

Examples:

Hidden plumbing clog;
Damaged wiring;
Appliance internal damage;
Water damage behind cabinets;
Pest infestation inside walls;
Broken internal lock mechanism.

A landlord may claim hidden damage if discovered within a reasonable time and linked to tenant conduct.

The tenant may dispute if the damage could be from age, landlord neglect, or later occupants.

LIII. Tenant’s Right to Accounting

A tenant whose deposit is withheld may demand accounting.

A proper accounting should include:

Total deposit paid;
Unpaid rent, if any;
Unpaid utilities;
Cleaning charges;
Repair charges;
Supporting receipts or estimates;
Remaining balance;
Date of refund;
Method of refund.

A landlord’s refusal to provide accounting may weaken the landlord’s position.

LIV. Tenant’s Demand for Return of Deposit

A tenant may send a demand letter requesting return of deposit.

The demand should include:

Date of lease;
Property address;
Amount of deposit;
Date of move-out;
Statement that the property was returned;
Request for itemized deductions, if any;
Demand for refund of balance;
Deadline for payment.

LV. Sample Tenant Demand Letter

Subject: Demand for Return of Security Deposit

Dear [Landlord Name]:

I rented the premises located at [address] from [date] to [date]. At the start of the lease, I paid a security deposit of ₱[amount], as shown by [receipt/payment record].

I vacated the premises on [date] and returned the keys on [date]. The unit was left in reasonable condition, subject only to ordinary wear and tear.

I request the return of my security deposit in the amount of ₱[amount]. If you claim any deductions, please provide an itemized written accounting with supporting receipts, photos, bills, or repair estimates.

Please return the deposit or provide the accounting within [number] days from receipt of this letter.

Sincerely, [Tenant Name]

LVI. Sample Landlord Demand Letter

Subject: Demand for Payment of Cleaning and Repair Costs

Dear [Tenant Name]:

You rented the premises located at [address] and vacated on [date]. Upon inspection, the following issues were found:

[Description of damage or cleaning issue];
[Description];
[Description].

These conditions go beyond ordinary wear and tear and required cleaning or repair. Attached are photos and receipts/estimates showing the expenses:

Cleaning cost: ₱____
Repair cost: ₱____
Utility balance: ₱____

Your security deposit of ₱____ has been applied to these charges. The remaining balance due is ₱____.

Please settle the amount within [number] days from receipt of this letter.

Sincerely, [Landlord Name]

LVII. Barangay Conciliation

Many landlord-tenant disputes must or may pass through the barangay, especially where parties live in the same city or municipality and the dispute is within barangay jurisdiction.

Barangay proceedings may help resolve:

Deposit refund;
Cleaning fee dispute;
Minor repair claims;
Utility balance;
Unpaid rent;
Return of keys;
Personal property left behind;
Minor harassment issues.

Barangay settlement should be written and signed.

If no settlement is reached, the barangay may issue the appropriate certification allowing court action, if required.

LVIII. Small Claims

Small claims may be practical for disputes over:

Unreturned security deposit;
Cleaning fees;
Repair reimbursement;
Unpaid rent;
Utility bills;
Money claims arising from lease.

Small claims is designed for money claims and does not usually require lawyers during the hearing.

A tenant may file small claims to recover the deposit. A landlord may file small claims to recover unpaid rent, cleaning costs, or damage costs beyond the deposit.

Evidence is important.

LIX. Ejectment and Possession

If the tenant has not yet vacated, the landlord should not rely on cleaning or damage claims to forcibly remove the tenant.

If the tenant refuses to leave after lawful termination, the landlord may need to pursue ejectment procedures.

Cleaning fees and damage claims are usually separate from the right to recover possession, although they may be included or related in some proceedings.

LX. Criminal Complaints

Most cleaning fee and damage disputes are civil, not criminal.

However, criminal issues may arise if there is:

Theft of landlord’s property;
Malicious destruction of property;
Estafa involving deposit or rent under specific facts;
Grave threats;
Coercion;
Trespass;
Illegal lockout with violence or threats;
Falsification of receipts;
Fraudulent claims.

Parties should avoid turning ordinary civil disputes into criminal threats unless facts genuinely support a criminal case.

LXI. Harassment and Public Shaming

Landlords and tenants should avoid harassment.

Improper conduct may include:

Posting accusations online;
Sending threats;
Contacting employer or relatives to shame the other party;
Repeated abusive messages;
Entering the unit without permission during lease;
Taking tenant belongings;
Refusing access to retrieve property;
Threatening false criminal cases;
Doxxing personal information.

Even if money is owed, collection should be done lawfully.

LXII. Evidence for Tenants

A tenant disputing cleaning fees or damage claims should gather:

Proof of deposit payment;
Rent receipts;
Photos at move-in;
Photos at move-out;
Messages with landlord;
Proof of cleaning before leaving;
Witnesses who helped move out;
Key turnover proof;
Final utility bills;
Receipts for repairs paid by tenant;
Prior defect reports;
Barangay blotter, if any;
Demand letter for deposit return.

LXIII. Evidence for Landlords

A landlord claiming cleaning fees or damages should gather:

Proof of lease relationship;
Proof of deposit amount;
Move-in condition records;
Move-out photos and videos;
Inspection report;
Witnesses;
Repair estimates;
Official receipts;
Utility bills;
Inventory list;
Messages warning tenant;
Proof of tenant-caused damage;
Demand letter;
Barangay record, if any.

LXIV. How to Evaluate a Cleaning Fee Claim

A fair evaluation asks:

Was there an agreed cleaning fee?
Was the tenant informed before move-in or move-out?
Was the property actually dirty beyond ordinary use?
Are there photos or videos?
Was cleaning actually performed?
Is there a receipt?
Is the amount reasonable?
Is it a normal landlord turnover cost?
Did the tenant leave garbage or belongings?
Did the tenant already clean?

If the answer favors the tenant, the fee may be disputed. If the answer favors the landlord, the fee may be valid.

LXV. How to Evaluate a Damage Claim

A fair evaluation asks:

What was the condition at move-in?
What was the condition at move-out?
Is the alleged damage visible and documented?
Is it ordinary wear and tear?
Is it caused by tenant negligence or misuse?
Is repair necessary?
Is the cost reasonable?
Is replacement excessive compared with repair?
Did landlord upgrade the item?
Did landlord provide receipts or estimates?

LXVI. Practical Examples

Example 1: No written lease, dirty unit

Tenant leaves spoiled food, garbage bags, stained floors, and abandoned furniture. Landlord hires cleaners and pays for hauling. Even without a written lease, landlord may deduct reasonable cleaning and hauling costs if documented.

Example 2: No written lease, ordinary dust

Tenant leaves the unit empty, swept, and reasonably clean. Landlord demands ₱8,000 “deep cleaning” because the next tenant wants a hotel-like turnover. Without agreement or unusual dirt, the tenant may dispute the charge.

Example 3: Broken tiles

Tenant dropped heavy equipment and cracked several tiles. Landlord has move-in photos showing the tiles were intact. Tenant may be liable for repair.

Example 4: Old peeling paint

Tenant lived in the unit for four years. Paint faded and peeled due to age and humidity. Landlord demands full repainting. Tenant may argue ordinary wear and tear.

Example 5: Lost key

Tenant fails to return keys. Landlord replaces lock for security. Reasonable lock replacement may be deductible.

Example 6: Clogged drain

Tenant leaves and landlord discovers kitchen drain clogged with grease and food waste. Plumber’s report supports the cause. Tenant may be liable.

Example 7: Pre-existing leak

Tenant reported roof leak repeatedly. Landlord ignored it. Ceiling damage worsened. Landlord later charges tenant. Tenant may dispute liability.

LXVII. Common Misconceptions

Misconception 1: “No written lease means landlord cannot charge anything.”

False. The tenant may still be liable for unpaid rent, utilities, and proven damage.

Misconception 2: “No written lease means landlord can keep the deposit.”

False. The landlord must justify deductions.

Misconception 3: “All cleaning after move-out is tenant’s responsibility.”

False. Ordinary turnover cleaning is usually the landlord’s cost unless tenant caused unusual dirt or agreed to a fee.

Misconception 4: “Tenant must return the unit brand new.”

False. The tenant is generally not liable for ordinary wear and tear.

Misconception 5: “Landlord’s estimate is enough.”

Not always. Estimates may help, but receipts, photos, and proof of causation are stronger.

Misconception 6: “Deposit automatically covers the last month’s rent.”

Only if agreed. Security deposit and advance rent are different.

Misconception 7: “The landlord can charge replacement cost for everything.”

Not always. Depreciation, repair possibility, and betterment should be considered.

LXVIII. Practical Checklist for Tenants Moving Out Without Written Lease

Before moving out, the tenant should:

Notify landlord in writing;
Confirm move-out date;
Clean the unit reasonably;
Remove all belongings and garbage;
Take detailed photos and videos;
Record final meter readings;
Request walkthrough inspection;
Return keys with proof;
Ask for deposit accounting;
Preserve payment records;
Avoid signing broad waivers under pressure;
Send demand letter if deposit is withheld unfairly.

LXIX. Practical Checklist for Landlords After Tenant Moves Out

After move-out, the landlord should:

Inspect promptly;
Take photos and videos before repairs;
Compare with move-in condition;
Prepare itemized list of deductions;
Obtain repair estimates or receipts;
Separate wear and tear from tenant damage;
Return undisputed deposit balance;
Communicate professionally;
Avoid inflated charges;
Avoid disposing of valuable abandoned property without notice;
Document everything;
Use barangay or court remedies if dispute remains.

LXX. Best Practices Even Without Formal Lease

Even if parties do not want a long formal lease, they should at least write basic terms in messages or a simple signed document.

Minimum written terms should include:

Names of landlord and tenant;
Property address;
Monthly rent;
Deposit and advance rent;
What deposit covers;
Utility responsibility;
Move-out notice period;
Cleaning obligation;
Repair responsibility;
Inventory of included items;
Pet rules;
Key turnover;
Return of deposit procedure.

A simple written agreement prevents most disputes.

LXXI. Conclusion

In the Philippines, a landlord may claim cleaning fees and damages from a tenant even without a written lease, but the claim must be legally and factually justified. The absence of a written contract does not erase the tenant’s duty to care for the property, pay rent and utilities, and answer for damage caused by misuse, negligence, pets, guests, or unauthorized alterations.

At the same time, the absence of a written lease limits the landlord’s ability to impose fixed fees, automatic forfeitures, penalties, or arbitrary deductions. A landlord who withholds a security deposit should provide an itemized accounting and evidence. The tenant is generally not liable for ordinary wear and tear, normal aging, routine turnover cleaning, or defects caused by the landlord’s failure to maintain the property.

The outcome depends on proof. Photos, videos, receipts, messages, inspection reports, move-in records, move-out records, utility bills, repair estimates, and witness statements are often decisive. If the dispute cannot be resolved, the parties may consider barangay conciliation, demand letters, small claims, or ordinary court remedies depending on the amount and circumstances.

The practical rule is straightforward: no written lease does not mean no obligations, but it also does not allow unsupported charges. Cleaning fees and damage claims must be reasonable, proven, and tied to the tenant’s actual responsibility.