I. Introduction

A tenant may still be liable for cleaning fees, unpaid rent, utilities, and property damage even when there is no written lease. In the Philippines, a lease does not always have to be in writing to be valid. A verbal lease, implied lease, or informal rental arrangement may create enforceable rights and obligations between the landlord and tenant.

The absence of a written contract does not mean the tenant may leave the property dirty, damaged, or unpaid for. It also does not mean the landlord may freely invent charges, keep deposits without explanation, or demand unreasonable amounts. Both sides remain governed by the Civil Code, special rental laws where applicable, principles of contract, evidence, fairness, and unjust enrichment.

The central rule is this: without a written lease, liability depends on what was agreed, what can be proven, what damage was actually caused, what condition the property was in before and after occupancy, and what expenses were reasonable and necessary.

II. Is a Lease Valid Without a Written Contract?

Yes. A lease may be valid even if it was only verbal.

A lease is a contract where one party gives another the enjoyment or use of a thing, such as a room, apartment, house, bedspace, condominium unit, stall, or land, for a price and period. The usual elements are:

The landlord allowed the tenant to use or occupy the property;
The tenant agreed to pay rent;
The parties had an understanding about the use, duration, and payment terms;
The tenant actually occupied or used the premises.

A written document is useful, but not always essential. If the tenant paid rent and the landlord accepted it, a lease relationship may be established even without a signed lease.

III. Why the Absence of a Written Lease Matters

The absence of a written lease does not erase obligations, but it makes proof harder.

Without a written lease, disputes often arise over:

Amount of rent;
Duration of stay;
Security deposit;
Advance rent;
Responsibility for repairs;
Whether pets were allowed;
Whether repainting was required;
Whether professional cleaning was required;
Whether the tenant caused the damage;
Whether the damage was already present before move-in;
Whether the landlord may deduct from the deposit;
Whether the tenant was required to restore the property to a certain condition.

In these cases, evidence becomes critical. The outcome usually depends on receipts, messages, photos, witnesses, payment records, inspection notes, barangay records, and conduct of the parties.

IV. Sources of Tenant Obligations Without a Written Lease

Even without a written lease, tenant obligations may arise from several sources.

1. Civil Code provisions on lease

The Civil Code contains general rules governing leases. These rules apply even if the lease is verbal, unless a valid special agreement provides otherwise.

2. Verbal agreement

The parties may have orally agreed that the tenant would pay for certain cleaning, repairs, utilities, or restoration.

3. Implied agreement

Obligations may be inferred from conduct. For example, if tenants customarily returned the unit clean and the tenant knew this, the landlord may argue that cleaning was part of the rental understanding.

4. Custom and practice

Condominiums, dormitories, boarding houses, and apartment buildings may have standard move-out procedures.

5. House rules

Building or association rules may impose obligations, especially in condominiums or subdivisions.

6. Tort or quasi-delict

If the tenant negligently or intentionally damaged the property, liability may arise independently of the lease.

7. Unjust enrichment

A tenant should not benefit from damaging or dirtying property while leaving the landlord to shoulder reasonable restoration costs.

V. Tenant’s General Duty to Use the Property Properly

A tenant is expected to use the leased property with the diligence of a good father of a family. This means ordinary care, reasonable preservation, and responsible use.

The tenant should not:

Break fixtures;
Damage walls, doors, tiles, ceilings, plumbing, or electrical systems;
Neglect leaks or problems until they worsen;
Leave trash, food waste, pests, or filth;
Alter the property without permission;
Remove fixtures belonging to the landlord;
Cause nuisance or unsafe conditions;
Allow unauthorized occupants to damage the premises;
Use the property for unlawful or destructive purposes.

The tenant is generally liable for deterioration or damage caused by the tenant’s fault, negligence, misuse, or violation of agreement.

VI. Tenant’s Duty to Return the Property

At the end of the lease, the tenant must return the property to the landlord.

The property should generally be returned in substantially the same condition as received, except for ordinary wear and tear, aging, deterioration from normal use, and damage not caused by the tenant.

The tenant is not an insurer of the property. The tenant does not automatically pay for every defect found after move-out. Liability depends on causation, fault, agreement, and proof.

VII. Ordinary Wear and Tear Versus Damage

The most important distinction is between ordinary wear and tear and tenant-caused damage.

Ordinary wear and tear

Ordinary wear and tear refers to normal deterioration from reasonable use over time. It is generally the landlord’s responsibility unless there is a valid agreement otherwise.

Examples may include:

Faded paint due to age;
Minor scuff marks from ordinary use;
Loose hinges from age;
Worn flooring from normal foot traffic;
Slight discoloration of curtains;
Minor nail holes from ordinary hanging, depending on the property and agreement;
Aging grout;
Normal appliance wear;
Minor scratches consistent with regular occupancy.

Tenant-caused damage

Tenant-caused damage goes beyond normal use. It may result from negligence, misuse, accident, intentional acts, or unauthorized alterations.

Examples may include:

Broken windows;
Large holes in walls;
Cracked tiles caused by impact;
Burn marks;
Water damage from tenant negligence;
Broken door locks due to misuse;
Missing fixtures;
Heavy stains from spills, pets, or smoking;
Infestation caused by unsanitary use;
Destroyed cabinets;
Unauthorized drilling or construction;
Damage caused by unauthorized occupants or guests.

The landlord may charge the tenant for actual damage, but the landlord must prove that the damage existed, that it was not ordinary wear and tear, and that the tenant caused or was responsible for it.

VIII. Cleaning Fees Without a Written Lease

A cleaning fee may be recoverable even without a written lease, but not automatically.

A landlord may validly charge cleaning costs when:

The tenant left the unit unusually dirty;
Cleaning was necessary to restore the unit to a reasonable condition;
The amount charged is reasonable;
The landlord can show proof, such as photos, receipts, invoices, or witness statements;
The cleaning goes beyond the landlord’s ordinary turnover cleaning.

A landlord may have difficulty charging a cleaning fee when:

The unit was left in ordinary move-out condition;
The landlord merely wants routine cleaning for the next tenant;
There was no agreement for professional cleaning;
The amount is excessive;
There is no proof that the tenant caused the mess;
The landlord is charging for improvements rather than restoration;
The landlord is using the fee as a penalty.

Without a written lease, a fixed cleaning fee is harder to enforce unless the tenant clearly agreed to it or the need for cleaning is obvious and supported by evidence.

IX. Routine Cleaning Versus Extraordinary Cleaning

Landlords commonly clean a unit before a new tenant moves in. Routine turnover cleaning is usually part of the landlord’s cost of doing business, unless the parties agreed otherwise.

A tenant may be charged when the cleaning required is extraordinary.

Routine cleaning may include:

Sweeping;
Mopping;
Dusting;
Wiping counters;
Basic bathroom cleaning;
Airing out the unit;
Minor touch-up before a new tenant.

Extraordinary cleaning may include:

Removal of large amounts of trash;
Cleaning human or animal waste;
Pest treatment due to unsanitary occupancy;
Deep cleaning of heavy grease;
Removal of cigarette odor;
Cleaning severe stains;
Mold cleanup caused by tenant neglect;
Clearing abandoned belongings;
Professional cleaning after unauthorized pets;
Special disinfection due to tenant-caused contamination.

The tenant is more likely to be liable for extraordinary cleaning than ordinary turnover cleaning.

X. Can a Landlord Deduct Cleaning Fees From the Security Deposit?

Yes, if the deduction is lawful, reasonable, and supported.

Security deposits are commonly used to answer for:

Unpaid rent;
Unpaid utilities;
Damage beyond ordinary wear and tear;
Missing items;
Cleaning costs caused by tenant’s failure to return the premises in proper condition;
Other agreed accountabilities.

However, the landlord should not arbitrarily keep the entire deposit. The landlord should provide an itemized accounting.

A proper deduction should identify:

The specific damage or cleaning issue;
The amount charged;
Supporting receipts or estimates;
Photos before and after;
Remaining deposit balance;
Date of refund, if any.

The landlord should return any unused portion of the deposit.

XI. What If There Was No Security Deposit?

If there was no security deposit, the landlord may still demand payment for actual damage or cleaning costs.

The landlord may:

Send a demand letter;
Ask for barangay conciliation if applicable;
File a small claims case for money owed;
File a civil action depending on the amount and issue;
Pursue criminal remedies only if facts support a genuine offense, such as theft, malicious mischief, or estafa in appropriate circumstances.

The absence of a deposit does not mean the tenant has no liability. It simply means the landlord must collect through demand, settlement, or legal action.

XII. What If There Was a Deposit but No Written Terms?

Even without written terms, a deposit is not free money for either side.

The tenant cannot assume the deposit automatically covers all last-month obligations unless the landlord agreed.

The landlord cannot assume the deposit is automatically forfeited unless there is a valid basis.

The purpose of the deposit may be proven by:

Text messages;
Receipts;
Payment descriptions;
Conversation history;
Prior practice;
Witness testimony;
Amount paid relative to rent;
Move-in discussions.

If the deposit was described as “security deposit,” it generally secures obligations. If described as “advance rent,” it usually applies to rent. Confusion often arises when parties use these terms loosely.

XIII. Security Deposit Versus Advance Rent

A security deposit is usually held to answer for unpaid obligations or damage. It is refundable after deductions.

An advance rent is usually payment for future rent. It is consumed by occupancy for the covered period.

For example, if the tenant paid “one month advance, one month deposit,” the advance rent may cover the first or last month depending on agreement, while the deposit remains as security.

Without a written lease, the parties must prove what the payment was for.

A tenant who says, “Use my deposit for my last month,” may not be entitled to do so unless the landlord agrees. A landlord may need the deposit to cover damage or utilities.

XIV. Tenant Liability for Property Damage

A tenant may be liable for property damage if the landlord proves:

The property was damaged;
The damage existed at or after move-out;
The damage was not ordinary wear and tear;
The tenant, tenant’s household, guest, worker, pet, or unauthorized occupant caused it or was responsible for it;
The amount claimed is reasonable and connected to repair or replacement.

The landlord must generally prove actual loss. A mere allegation that “the unit was damaged” is not enough.

XV. Examples of Chargeable Property Damage

A tenant may be charged for:

Broken door knobs or locks caused by misuse;
Missing keys or access cards;
Broken glass;
Damaged tiles from impact;
Holes in walls beyond normal use;
Destroyed cabinets;
Torn screens;
Damaged appliances due to misuse;
Plumbing blockage caused by improper disposal;
Water damage caused by failure to report leaks;
Electrical damage from overloading;
Paint damage from unauthorized fixtures;
Burn marks from cooking, candles, cigarettes, or appliances;
Pet-related scratches, odors, urine stains, or broken screens;
Unauthorized repainting or construction;
Missing furniture or fixtures.

The amount should reflect actual repair cost, depreciation, and reasonableness.

XVI. Depreciation and Betterment

A landlord should not use the tenant’s payment to upgrade the property at the tenant’s expense.

If the tenant damaged an old item, the tenant may be responsible for the reasonable value of repair or the depreciated value of replacement, not necessarily the full cost of a brand-new superior item.

For example, if a ten-year-old cabinet was already worn and the tenant damaged one door, the landlord should not automatically charge the tenant for an entirely new kitchen cabinet system unless replacement is necessary and reasonable.

This is the principle against betterment: compensation should restore loss, not create profit.

XVII. Landlord’s Duty to Mitigate Damage

A landlord should act reasonably to prevent damage from worsening.

If a tenant caused damage, the landlord may charge the tenant for the damage caused. But if the landlord ignored the problem for months and allowed it to become worse, the tenant may argue that part of the loss was due to the landlord’s failure to mitigate.

For example:

If the tenant reports a leak and the landlord refuses repairs, later water damage may not be fully charged to the tenant.
If the landlord delays cleanup and mold worsens, the tenant may dispute the increased cost.
If the landlord chooses the most expensive repair without justification, the tenant may challenge reasonableness.

XVIII. Tenant’s Duty to Report Problems

The tenant should promptly report defects or damage that require the landlord’s attention.

This includes:

Leaks;
Electrical issues;
Pest infestation;
Cracks;
Broken locks;
Plumbing problems;
Structural concerns;
Appliance malfunction;
Mold;
Drainage issues;
Security concerns.

If the tenant fails to report a problem and the delay worsens the damage, the tenant may become liable for the increased damage caused by the delay.

XIX. Damage Caused by Guests, Family, Workers, or Pets

A tenant may be liable not only for the tenant’s own acts but also for damage caused by persons the tenant allowed into the property.

This may include:

Family members;
Roommates;
Visitors;
Helpers;
Contractors;
Delivery workers admitted by the tenant;
Unauthorized occupants;
Pets.

If a tenant invites or permits a person or animal into the property, the tenant may be responsible for resulting damage, especially if the landlord did not consent or if the tenant failed to supervise.

XX. Unauthorized Alterations

Without landlord permission, a tenant should not:

Repaint;
Drill extensively;
Remove fixtures;
Install partitions;
Change locks;
Modify plumbing;
Modify electrical wiring;
Install heavy appliances requiring structural support;
Build extensions;
Replace doors or windows;
Mount equipment that damages walls.

If alterations were unauthorized, the landlord may require restoration or charge reasonable restoration costs.

However, if the landlord knew of and accepted the alteration, or if the alteration improved the property with landlord consent, the tenant may dispute later charges.

XXI. Improvements Made by the Tenant

Sometimes tenants spend money improving the property. Without a written agreement, disputes arise over whether the landlord must reimburse the tenant or whether the tenant may remove the improvements.

The general outcome depends on:

Whether the landlord consented;
Whether the improvement became attached to the property;
Whether removal would cause damage;
Whether reimbursement was promised;
Whether the improvement was necessary or merely useful;
Whether the tenant acted in good faith.

A tenant should not assume that improvements can offset rent or damage charges unless the landlord agreed.

A landlord should not automatically claim tenant improvements while also charging the tenant for unauthorized alteration. The facts matter.

XXII. Missing Items and Inventory Disputes

A landlord may charge for missing items if the landlord can prove the items were present at move-in and missing at move-out.

This commonly includes:

Furniture;
Appliances;
Curtains;
Keys;
Remote controls;
Fixtures;
Tools;
Kitchenware;
Mattresses;
Linens;
Access cards;
Parking stickers;
Building IDs.

Without a written inventory checklist, proof may come from photos, videos, receipts, listings, messages, or witness testimony.

A tenant should ask for an inventory at move-in and move-out. A landlord should prepare one even for informal rentals.

XXIII. Unpaid Utilities

Cleaning fees and damage are often disputed together with utilities.

A tenant may remain liable for utilities consumed during occupancy, such as:

Electricity;
Water;
Internet;
Cable;
LPG;
Association dues, if agreed;
Parking fees, if agreed;
Garbage fees, if agreed.

Without a written lease, the landlord must prove that the tenant agreed to pay the utility or that payment was part of the rental arrangement.

If the tenant had exclusive use of the meter or service, liability is easier to prove. If utilities were shared, the landlord should show the basis of allocation.

XXIV. Association Dues and Condominium Charges

In condominium rentals, association dues may be shouldered by the owner or tenant depending on agreement.

Without a written lease, the landlord must prove that the tenant agreed to pay association dues or special charges.

However, the tenant may be liable for charges directly caused by the tenant, such as:

Move-out fees, if known and applicable;
Penalties for rule violations;
Damage to common areas;
Lost access cards;
Improper garbage disposal;
Unauthorized parking;
Noise or nuisance penalties, if properly assessed.

The tenant should ask for proof of the building charge before paying.

XXV. Can the Landlord Charge a Flat Cleaning Fee?

A flat cleaning fee is easier to enforce if agreed in writing. Without writing, the landlord must prove that the tenant agreed to it or that the amount reflects actual reasonable cleaning costs.

A landlord may say, “All tenants pay ₱3,000 move-out cleaning.” But if this was never disclosed and the tenant returned the unit reasonably clean, the tenant may dispute it.

A flat fee may be questionable if:

It was not agreed before or during the lease;
It is excessive;
It is charged regardless of condition;
It duplicates ordinary turnover costs;
It is deducted without accounting;
It operates as a penalty.

A reasonable actual cleaning expense supported by receipt is stronger than an arbitrary flat charge.

XXVI. Can the Landlord Charge Repainting?

Repainting is one of the most common disputes.

The tenant may be charged for repainting if:

The tenant caused unusual stains;
The tenant painted without permission;
There are large holes or wall damage;
Smoke, grease, markers, or stickers damaged the paint;
Pet damage required repainting;
The tenant agreed to repaint;
The wall condition is beyond normal wear.

The tenant may dispute repainting charges if:

Paint faded naturally;
The paint was old;
There were only ordinary scuffs;
The unit was not newly painted at move-in;
The landlord wants a cosmetic refresh for the next tenant;
The charge is for full repainting when only touch-ups were needed.

A fair charge considers the age and prior condition of the paint.

XXVII. Can the Landlord Charge Pest Control?

The tenant may be liable for pest control if the infestation was caused or worsened by tenant conduct, such as food waste, garbage buildup, poor sanitation, or unauthorized pets.

The tenant may dispute pest control charges if:

The building already had pests;
Neighboring units had infestations;
The infestation existed at move-in;
The landlord failed to maintain the property;
The tenant promptly reported the issue;
There is no proof linking the infestation to the tenant.

Pest issues require careful factual analysis.

XXVIII. Can the Landlord Charge Plumbing Repairs?

The tenant may be liable for plumbing repairs if damage or blockage was caused by misuse, such as flushing improper items, pouring grease, damaging fixtures, or ignoring leaks.

The tenant may not be liable for ordinary plumbing wear, old pipes, building defects, or problems not caused by tenant use.

Evidence may include plumber reports, photos, receipts, and timing of the issue.

XXIX. Can the Landlord Charge Appliance Repairs?

If appliances were included in the rental, responsibility depends on the cause of damage.

The tenant may be liable for appliance damage caused by misuse, negligence, overloading, improper cleaning, or failure to report defects.

The landlord may be responsible for ordinary breakdown due to age or normal use.

Without inventory, inspection, or repair records, appliance disputes can be difficult to prove.

XXX. Can the Landlord Charge for Lost Rental Income?

If the tenant leaves the unit damaged or unusable, the landlord may claim lost rental income only if it can be proven and is legally connected to the tenant’s breach.

This is harder than claiming repair costs. The landlord must show:

The unit could not be rented because of tenant-caused damage;
The repair period was reasonable;
There was a real prospective tenant or market opportunity;
The claimed amount is not speculative;
The landlord acted promptly to repair and re-rent.

Lost income claims are often disputed because they can be exaggerated.

XXXI. Can the Tenant Be Charged for Damage Existing Before Move-In?

No, not if the tenant can prove the damage already existed.

This is why move-in documentation is important. The tenant should take photos and videos upon occupancy. The landlord should conduct a move-in inspection.

If there is no evidence, the dispute may turn on credibility, timing, and surrounding facts.

Damage existing before the lease should not be shifted to the tenant merely because it was discovered at move-out.

XXXII. Burden of Proof

The person claiming payment has the burden to prove the claim.

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

The rental relationship;
The condition of the property before occupancy;
The condition after move-out;
The specific damage or mess;
The tenant’s responsibility;
The amount of loss;
Reasonableness of the expense.

If the tenant claims the landlord wrongfully withheld the deposit, the tenant should prove:

Deposit was paid;
The amount of deposit;
The tenant vacated;
The tenant demanded return;
The landlord refused or deducted improperly;
The deductions were unsupported or excessive.

Both sides should keep records.

XXXIII. Evidence Useful to the Landlord

A landlord should preserve:

Move-in photos and videos;
Move-out photos and videos;
Inventory checklist;
Receipts for repairs;
Cleaning invoices;
Contractor estimates;
Utility bills;
Messages with the tenant;
Proof of deposit and rent payments;
Barangay blotter or minutes, if any;
Witness statements;
Building incident reports;
Condo association notices;
Inspection reports.

The stronger the documentation, the stronger the claim.

XXXIV. Evidence Useful to the Tenant

A tenant should preserve:

Photos and videos at move-in;
Photos and videos at move-out;
Rent receipts;
Deposit receipts;
Text messages and emails;
Proof of utility payments;
Proof of returned keys;
Turnover messages;
Witnesses who saw the unit condition;
Repair requests sent during occupancy;
Landlord’s acknowledgments;
Receipts for tenant-paid repairs;
Proof that damage pre-existed;
Proof that cleaning was done.

A tenant should not rely only on verbal assurances.

XXXV. Demand Letters

Before filing a case, either party may send a demand letter.

A landlord’s demand letter may seek:

Payment for cleaning;
Payment for repairs;
Return of property;
Payment of unpaid rent;
Payment of utilities;
Settlement schedule.

A tenant’s demand letter may seek:

Return of security deposit;
Itemized accounting;
Receipts for deductions;
Release from unsupported claims;
Correction of excessive charges.

A demand letter should be factual, specific, and supported by documents.

XXXVI. Barangay Conciliation

If the landlord and tenant are natural persons residing in the same city or municipality, and the dispute is otherwise covered, barangay conciliation may be required before court filing.

Rental disputes involving cleaning fees, deposits, and property damage often go first to the barangay when the legal requirements are met.

The barangay may help the parties agree on:

Deposit refund;
Partial deduction;
Payment schedule;
Repair estimate;
Return of property;
Final settlement.

However, the barangay cannot force either side to accept an unfair settlement. If no settlement is reached, the proper certification may be issued so the matter can proceed to the appropriate forum.

XXXVII. Small Claims Cases

Many disputes over cleaning fees, deposits, unpaid rent, utilities, and damage may be filed as small claims if the amount falls within the applicable rules.

Small claims procedure is designed for money claims. It is faster and less formal than ordinary civil litigation.

Typical small claims by landlords include:

Unpaid rent;
Repair costs;
Cleaning fees;
Unpaid utilities;
Replacement of missing items;
Contractual accountabilities.

Typical small claims by tenants include:

Refund of security deposit;
Refund of overpayment;
Return of unauthorized deductions.

Even without a written lease, the court may consider receipts, messages, admissions, photos, and other evidence.

XXXVIII. Criminal Liability: Usually Not Automatic

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

A tenant does not automatically commit a crime by failing to pay cleaning charges or by disputing damages.

However, criminal issues may arise if there is evidence of:

Intentional destruction of property;
Theft of fixtures or appliances;
Malicious mischief;
Estafa involving deceit or misappropriation;
Violence or threats;
Fraudulent conduct.

Landlords should be careful not to threaten criminal cases merely to collect a civil debt. Tenants should also not assume that all property damage is harmless; intentional or malicious acts may have criminal consequences.

XXXIX. Landlord Cannot Impose Arbitrary Penalties

Without a written lease, a landlord has limited basis to impose penalties.

The landlord may recover actual damage, reasonable cleaning costs, unpaid rent, and other proven obligations. But the landlord generally cannot invent penalties such as:

Automatic forfeiture of entire deposit without proof;
Excessive daily penalty after move-out;
Punitive cleaning fee;
Replacement cost for old items without depreciation;
Administrative charges never agreed upon;
Moral damages without legal basis;
Attorney’s fees without basis.

Compensation should correspond to actual proven loss or valid agreement.

XL. Tenant Cannot Use Lack of Written Lease as a Shield for Misconduct

A tenant cannot simply say, “There was no contract, so I owe nothing.”

Even without a written lease, the tenant may be liable for:

Rent for actual occupancy;
Utilities consumed;
Damage caused;
Missing items;
Cleaning required due to abnormal filth;
Unauthorized alterations;
Holdover occupancy;
Other obligations proven by evidence.

The law does not reward destructive or dishonest conduct simply because the parties were informal.

XLI. Rent Control Considerations

Some residential leases may fall under rent control laws depending on monthly rent, location, and statutory coverage. Rent control laws may affect rent increases, ejectment, and certain landlord-tenant rights.

However, cleaning fees and damage claims are usually analyzed under civil law, agreement, proof of loss, and reasonableness.

Rent control does not usually give a tenant the right to damage property or refuse to pay actual utilities. It also does not allow a landlord to impose unauthorized charges disguised as rent or fees.

XLII. Ejectment and Holdover

If a tenant refuses to vacate or remains after the lease has ended, the landlord may pursue ejectment if legal requirements are met.

A holdover tenant may become liable for:

Reasonable compensation for continued occupancy;
Unpaid rent;
Utilities;
Damage during holdover;
Attorney’s fees or costs if legally awarded;
Other proven losses.

Cleaning and damage claims may be joined or separately pursued depending on procedure and amount.

XLIII. Repairs During the Lease

Responsibility for repairs depends on the nature of the repair and the cause of damage.

Generally:

The landlord is responsible for maintaining the property in a condition suitable for agreed use.
The tenant is responsible for damage caused by the tenant’s fault, negligence, misuse, or unauthorized acts.
Minor maintenance may be handled according to agreement or practice.
Necessary repairs should be reported promptly.

Without a written lease, disputes are resolved through Civil Code principles, evidence, and reasonableness.

XLIV. Force Majeure and Accidental Damage

If damage was caused by events beyond the tenant’s control, such as earthquake, typhoon, flood, fire not caused by tenant fault, or structural defects, the tenant may not be liable.

However, if tenant negligence contributed to the damage, liability may still arise.

Examples:

A typhoon breaks a window despite reasonable care: likely not tenant liability.
Tenant leaves windows open during a storm and water destroys flooring: possible tenant liability.
Electrical fire from old wiring: likely landlord/building issue.
Fire caused by tenant’s unattended cooking: possible tenant liability.

Causation matters.

XLV. Fire, Flood, and Water Damage

Water and fire damage can be expensive and highly disputed.

A tenant may be liable if the damage was caused by:

Unattended cooking;
Improper appliances;
Overloaded extension cords;
Failure to turn off faucets;
Ignoring leaks;
Tampering with electrical systems;
Blocking drains;
Leaving windows open during rain;
Unauthorized installation of equipment.

A tenant may not be liable if the damage was due to:

Defective pipes;
Old electrical wiring;
Structural defects;
Building-wide plumbing failure;
Natural disaster;
Landlord’s failure to repair after notice.

Investigation reports, maintenance records, and expert assessments are important.

XLVI. Pets and Cleaning or Damage Charges

If pets were allowed, ordinary pet-related cleaning may be expected. But damage beyond normal use may still be chargeable.

If pets were not allowed and the tenant kept pets anyway, the tenant may be liable for:

Odor removal;
Urine stains;
Scratched doors or floors;
Damaged screens;
Pest treatment;
Deep cleaning;
Rule violation penalties;
Replacement of damaged furnishings.

Without a written lease, the landlord must prove pet restrictions or tenant-caused pet damage. Messages, witnesses, building rules, and photos may help.

XLVII. Smoking, Odors, and Stains

Smoking inside the unit may lead to cleaning or repainting claims if it causes odor, stains, or damage.

The landlord may claim:

Odor removal;
Curtain cleaning;
Repainting;
Air-conditioner cleaning;
Furniture cleaning;
Deep cleaning.

The tenant may dispute charges if smoking was not prohibited, there is no proof of odor or staining, or the amount is excessive.

Even if smoking was not expressly prohibited, heavy smoke damage may be treated as damage beyond ordinary use.

XLVIII. Mold

Mold disputes require careful analysis.

The tenant may be liable if mold resulted from:

Poor ventilation caused by tenant conduct;
Failure to report leaks;
Drying wet clothes indoors without ventilation;
Blocking vents;
Creating excessive moisture;
Ignoring visible mold until it spread.

The landlord may be responsible if mold resulted from:

Roof leaks;
Plumbing defects;
Structural dampness;
Poor waterproofing;
Building design;
Failure to repair after notice.

Mold remediation charges should be supported by evidence.

XLIX. Abandoned Belongings

If a tenant leaves belongings behind, the landlord should not immediately throw everything away without care, especially valuable items.

The landlord should document the items, notify the tenant if possible, and give a reasonable opportunity to claim them, depending on circumstances.

The tenant may be liable for reasonable removal or storage costs if the abandoned items prevent turnover or require disposal.

If items are clearly trash, disposal is easier to justify. If items are valuable, caution is advisable.

L. Locks and Keys

A tenant should return all keys, access cards, parking cards, remotes, and security devices.

If the tenant fails to return keys, the landlord may charge reasonable costs for replacement or rekeying, especially for security.

The charge should be reasonable. Replacing an entire expensive lock system may be challenged if not necessary.

If the tenant changed locks without permission, the landlord may charge restoration costs.

LI. Subleasing and Unauthorized Occupants

If the tenant allowed other people to occupy the property without consent, the tenant may remain responsible for resulting damage and cleaning.

The landlord may also have claims for breach of agreement if subleasing was prohibited, but without a written lease this must be proven through verbal agreement, house rules, or circumstances.

Unauthorized occupants often complicate liability because damage may be caused by someone other than the named tenant. Still, the tenant who allowed them in may be held responsible.

LII. Bedspace, Dormitory, Boarding House, and Shared Rentals

In shared housing, cleaning and damage claims are harder because several occupants may use the same space.

A tenant should only be charged for:

Damage to the tenant’s assigned area;
Damage the tenant actually caused;
Shared damage fairly attributable to the tenant;
Agreed shared cleaning charges;
Common area mess caused by the tenant or tenant’s guests.

A landlord should not charge one tenant for all common area damage without proof.

Roommates may have joint responsibility if they rented as a group or agreed to share liability.

LIII. Commercial Spaces Without Written Lease

For commercial rentals, liability may be broader due to business use.

Tenants may be responsible for:

Damage caused by equipment;
Signage removal;
Restoration of partitions;
Grease trap cleaning;
Electrical overloading;
Plumbing blockages;
Unauthorized renovations;
Compliance violations;
Unpaid association or mall charges;
Common area damage caused by customers or staff.

Without a written lease, the parties must rely on proof of verbal agreement, invoices, permits, messages, and actual condition of the premises.

Commercial tenants should be especially careful because restoration costs may be significant.

LIV. Agricultural or Land Lease Without Written Contract

If land was leased without a written contract, liability may include restoration of land, removal of structures, unpaid rent, damage to crops, or improper use.

Special laws may apply depending on whether the arrangement is agricultural tenancy, leasehold, civil lease, or another relationship. These distinctions matter because agricultural tenancy disputes may fall under specialized forums and protections.

Cleaning fees are less common in land leases, but property damage and restoration issues may arise.

LV. Oral Agreements and the Statute of Frauds

Some agreements are required to be in writing to be enforceable in certain circumstances, especially longer-term leases. However, actual occupation, payment, partial performance, and accepted rent may take a case outside simple denial.

For many month-to-month or short-term rentals, a verbal agreement may be enforceable.

The lack of writing may affect enforceability of specific disputed terms, such as a large cleaning fee, automatic forfeiture, long lock-in period, penalty clause, or unusual restoration obligation.

Thus, the lease relationship may be valid while certain alleged terms remain unproven.

LVI. Month-to-Month Tenancy

Without a written lease, many residential arrangements are treated practically as month-to-month, especially when rent is paid monthly and no fixed term is proven.

In month-to-month rentals, either party may generally terminate subject to legal notice and applicable protections.

At move-out, the tenant remains responsible for unpaid rent, utilities, damage, and reasonable cleaning if supported by proof.

LVII. Rent Receipts and Proof of Tenancy

Rent receipts are important. Landlords should issue them. Tenants should keep them.

Receipts may prove:

Existence of lease;
Amount of rent;
Payment period;
Deposit;
Advance rent;
Utility payments;
Balance due;
Identity of landlord and tenant.

If no receipts were issued, bank transfers, GCash records, messages, and witnesses may help.

LVIII. Itemized Accounting of Deductions

A fair deposit deduction should be itemized.

A proper accounting may look like:

Security deposit paid: ₱20,000
Unpaid water bill: ₱850
Replacement of broken bathroom mirror: ₱2,500
Deep cleaning due to abandoned trash and grease: ₱3,000
Remaining refundable balance: ₱13,650

The landlord should attach receipts or estimates.

A vague statement such as “deposit forfeited due to damages” is weak unless supported by clear agreement or proof.

LIX. Reasonableness of Amounts Charged

Even if the tenant is liable, the amount must be reasonable.

A tenant may challenge charges that are:

Unsupported by receipts;
Inflated;
Duplicative;
For upgrades;
For pre-existing damage;
For ordinary wear and tear;
For work not actually done;
For full replacement when repair was enough;
For luxury replacement of ordinary items;
For penalties not agreed upon.

A landlord may use estimates if repairs are not yet done, but actual receipts are stronger.

LX. Can a Landlord Keep the Whole Deposit?

Only if justified.

A landlord may keep the whole deposit if the tenant’s unpaid rent, utilities, cleaning costs, repairs, missing items, and other valid charges equal or exceed the deposit.

But if valid deductions are less than the deposit, the balance should be returned.

Keeping the whole deposit without accounting may expose the landlord to a claim for refund.

LXI. Can the Tenant Refuse to Pay Unless There Is a Written Lease?

The tenant may dispute unsupported or unreasonable charges, but cannot refuse legitimate obligations merely because there was no written lease.

If the landlord proves that the tenant caused damage or left the unit in a condition requiring extraordinary cleaning, the tenant may be ordered to pay.

The absence of writing mainly affects proof of special terms, not basic responsibility for damage.

LXII. Can the Landlord Refuse to Return the Deposit Until All Bills Arrive?

A landlord may reasonably wait for final utility bills, building charges, and inspection results, but should not delay indefinitely.

A fair approach is to provide a preliminary accounting and release the balance after final bills are known.

If delays are excessive, the tenant may send a written demand for accounting and refund.

LXIII. Interest, Attorney’s Fees, and Costs

Interest, attorney’s fees, and litigation costs may be awarded only when legally justified.

A landlord or tenant cannot simply add attorney’s fees because they are angry. Courts generally require legal basis, agreement, bad faith, or circumstances justifying the award.

In small disputes, attorney’s fees may exceed the claim. Settlement is often more practical.

LXIV. Practical Checklist for Landlords

A landlord claiming cleaning fees or damages should:

Take clear move-out photos and videos immediately.
Compare them with move-in documentation.
Identify ordinary wear and tear separately from damage.
Obtain receipts or reasonable estimates.
Prepare an itemized accounting.
Send a written demand.
Return any undisputed deposit balance.
Avoid exaggerated charges.
Preserve messages and payment records.
Consider barangay conciliation or small claims if settlement fails.

LXV. Practical Checklist for Tenants

A tenant disputing cleaning fees or damages should:

Ask for an itemized computation.
Request photos, receipts, and invoices.
Compare alleged damage with move-in condition.
Identify ordinary wear and tear.
Provide proof of cleaning or repairs done.
Provide proof of rent, deposit, and utility payments.
Demand return of the deposit balance.
Avoid ignoring reasonable claims.
Offer settlement if some damage is valid.
Use barangay conciliation or small claims if needed.

LXVI. Sample Tenant Response to Damage Claim

A tenant may write:

I acknowledge receipt of your claim for cleaning and damage charges. Please provide an itemized computation, supporting photos, receipts or estimates, and the basis for deducting these amounts from my security deposit. I am willing to settle any valid and reasonable charges, but I respectfully dispute charges for ordinary wear and tear, pre-existing conditions, unsupported amounts, or improvements not caused by me.

LXVII. Sample Landlord Demand for Cleaning and Damage

A landlord may write:

After your move-out, we inspected the unit and found the following issues: [list]. These required cleaning and repairs amounting to [amount], supported by the attached photos and receipts. We are applying [amount] from your security deposit and will refund the balance of [amount]. If you dispute any item, please respond within [reasonable period] so we can discuss settlement.

LXVIII. Best Practices Without a Written Lease

Even if the rental began informally, both parties should document the end properly.

Recommended move-out steps:

Conduct joint inspection;
Take photos and videos;
Prepare a checklist;
Record returned keys and items;
Settle utilities;
Write down any agreed deductions;
Sign a simple turnover acknowledgment;
Provide deposit accounting;
Keep communication in writing.

Documentation prevents later conflict.

LXIX. Simple Move-Out Acknowledgment

A move-out acknowledgment may state:

The tenant returned possession of the premises located at [address] on [date]. The following keys/items were returned: [list]. The parties inspected the premises and noted the following: [list]. The landlord will compute final utilities, cleaning, and damage charges, if any, and provide an accounting of the security deposit. This acknowledgment does not waive either party’s lawful claims unless expressly stated.

This kind of document is useful even when there was no written lease at the start.

LXX. Common Misconceptions

“No written lease means no liability.”

False. A verbal lease may be valid, and damage liability may still exist.

“The landlord can automatically keep the deposit.”

False. Deductions should be justified.

“Cleaning fees are always valid.”

False. They must be agreed upon or based on actual reasonable need.

“The tenant pays for all repairs.”

False. The tenant generally pays for damage caused by the tenant, not ordinary wear, age, or landlord maintenance.

“The landlord must prove everything with a signed lease.”

False. Other evidence may prove the lease and obligations.

“Photos after move-out are enough.”

Not always. The landlord should also show prior condition and causation.

“A tenant can use the deposit as last month’s rent.”

Not automatically. It depends on agreement.

“A landlord may charge brand-new replacement cost for old items.”

Not always. Depreciation and reasonableness matter.

LXXI. Frequently Asked Questions

Can a landlord charge cleaning fees without a written lease?

Yes, if the cleaning was necessary because of the tenant’s condition of return and the amount is reasonable and proven. A fixed fee is harder to enforce if it was never agreed upon.

Can a landlord deduct from the deposit without receipts?

The landlord may claim deductions, but receipts, invoices, estimates, photos, and itemized accounting strengthen the claim. Unsupported deductions may be disputed.

Can a tenant be charged for ordinary wear and tear?

Generally no. Ordinary wear from normal use is usually the landlord’s responsibility.

Can a tenant be charged for broken fixtures?

Yes, if the tenant caused the breakage or is responsible for it.

Can a tenant refuse to pay because there is no written lease?

The tenant may dispute unsupported charges, but cannot avoid legitimate liability for rent, utilities, damage, or extraordinary cleaning simply because the lease was verbal.

Can the landlord keep the whole deposit?

Only if valid charges equal or exceed the deposit. Otherwise, the balance should be returned.

What if the landlord refuses to give an itemized accounting?

The tenant may send a written demand, seek barangay conciliation if applicable, or file a money claim for refund.

What if the tenant damaged the unit but refuses to pay?

The landlord may send a demand, proceed to barangay conciliation if required, or file the proper civil or small claims case.

Are verbal agreements enforceable?

Yes, many verbal rental agreements are enforceable, especially when there was actual occupancy and payment. But specific disputed terms must be proven.

Can cleaning fees become criminal?

Usually no. Cleaning fee disputes are generally civil. Criminal liability may arise only if there is intentional destruction, theft, fraud, or another genuine criminal act.

LXXII. Conclusion

In the Philippine context, a tenant may be liable for cleaning fees and property damage even without a written lease. A verbal or implied lease can create binding obligations. The tenant must use the property responsibly, return it in proper condition, pay rent and utilities, and answer for damage caused by misuse, negligence, unauthorized acts, guests, pets, or household members.

At the same time, the landlord cannot use the absence of a written lease to impose arbitrary charges. Cleaning fees must be reasonable. Damage claims must be proven. Ordinary wear and tear should not be charged to the tenant. Deposits should not be automatically forfeited without accounting. Replacement costs should consider age, condition, and depreciation.

The fairest approach is evidence-based: compare the property’s condition at move-in and move-out, separate ordinary wear from actual damage, document expenses, provide itemized deductions, and settle only legitimate claims.

The guiding principle is simple: no written lease does not mean no rights, and no written lease does not mean unlimited liability.