Introduction

In Philippine leasing disputes, one of the most common flashpoints is the question of who should pay for repairs when the tenancy ends or when something in the rented property breaks during the lease. Landlords often claim that the tenant caused the problem and should shoulder the cost. Tenants, on the other hand, usually argue that the issue is just ordinary wear and tear, which is part of normal use and therefore not chargeable to them.

The legal answer is not found in a single rule. It comes from the Civil Code of the Philippines, the lease contract, the nature of the defect, the cause of the deterioration, and the evidence available. The governing principle is straightforward: a tenant is generally liable for loss or deterioration caused by his or her fault, negligence, misuse, or the acts of persons in the tenant’s household or guests; but the tenant is not liable for deterioration that results from ordinary use, the mere passage of time, hidden defects, force majeure, or causes not attributable to the tenant.

This article explains the full legal framework in the Philippine context, including the difference between wear and tear and damage, the duties of landlord and tenant, evidentiary issues, security deposits, contract clauses, common dispute scenarios, and practical standards for determining liability.

I. Legal Framework in the Philippines

1. Lease under the Civil Code

A lease is a contract where one party, the lessor or landlord, grants another, the lessee or tenant, the temporary use and enjoyment of a thing in exchange for rent. In a residential lease, this means the tenant gets possession and use of the unit, while the landlord retains ownership.

The Civil Code governs the basic rights and obligations of both parties unless modified by a valid lease agreement. In practice, most disputes over repairs arise from the interaction of:

the Civil Code provisions on lease of things,
general rules on obligations and contracts,
rules on damages and negligence,
and the actual lease contract signed by the parties.

2. Core allocation of responsibility

As a baseline:

The landlord is generally responsible for keeping the property in a condition fit for the use intended under the lease and for making necessary repairs not caused by the tenant.
The tenant is generally responsible for using the property with proper diligence, for minor repairs arising from ordinary wear due to use in some cases depending on the Civil Code and contract allocation, and for damage caused by the tenant’s fault, negligence, abuse, or unauthorized alterations.

Because Philippine lease practice often includes detailed repair clauses, the contract matters greatly. But the contract cannot automatically convert every deterioration into tenant liability. Courts and dispute resolvers will still look at fairness, causation, and the nature of the deterioration.

II. The Central Distinction: Wear and Tear vs Damage

1. What is ordinary wear and tear?

“Wear and tear” refers to the natural and gradual deterioration of a property or its fixtures resulting from normal, reasonable, and intended use over time, without negligence or abuse by the tenant.

This includes decline caused by:

aging,
everyday use consistent with the purpose of the premises,
climate and humidity,
ordinary foot traffic,
routine opening and closing of doors and cabinets,
fading, minor discoloration, and surface-level aging.

Ordinary wear and tear is expected in any tenancy. The landlord is deemed to have assumed that the property will not be returned in brand-new condition after lawful use.

Common examples of wear and tear

Depending on the facts, the following are often treated as ordinary wear and tear:

slight fading of paint due to age and sunlight,
small nail holes from reasonable hanging of light items, if not excessive,
minor scuffing on floors from normal walking,
slight loosening of door handles or cabinet hinges from regular use,
grout discoloration over time,
ordinary dirt accumulation requiring standard turnover cleaning,
worn-out seals, washers, or aging plumbing components,
mattress or upholstery softening from normal use,
natural aging of appliances due to ordinary operation over time.

None of these examples is automatic. The result still depends on the condition at move-in, the duration of the lease, and the actual extent of deterioration.

2. What is damage?

“Damage” is deterioration beyond what normal use would produce. It usually results from:

negligence,
misuse,
abuse,
accident attributable to the tenant,
unauthorized alterations,
failure to report a problem promptly,
or use inconsistent with the property’s intended purpose.

Common examples of tenant-caused damage

These are often chargeable to the tenant when supported by evidence:

broken glass windows or mirrors,
holes in walls beyond minor and reasonable use,
cracked tiles caused by impact,
water damage caused by leaving faucets open or failing to address a leak after notice,
burned countertops,
damaged doors from forcing locks or slamming,
pet destruction,
mold caused by tenant neglect where ventilation and maintenance were within tenant control,
clogged plumbing from improper disposal of grease, sanitary products, wipes, or foreign objects,
damaged appliances from misuse or unauthorized repair,
missing fixtures, keys, remotes, smoke detectors, or accessories,
repainting with unauthorized colors and poor restoration,
structural or electrical modifications made without consent.

The key idea is excess, fault, or misuse. Damage is not simply deterioration; it is deterioration with a legally attributable cause.

III. The Governing Standard: Cause, Not Just Condition

The most important legal question is not merely what is broken, but why it became broken.

A tenant does not become liable simply because the item was in better condition at the start of the lease. Many things deteriorate with time even under proper use. Liability usually turns on one or more of the following:

Was the deterioration caused by ordinary and intended use?
Did the tenant act with proper diligence?
Was the tenant negligent?
Did the tenant fail to notify the landlord of a defect that later worsened?
Was the item already old, defective, or near the end of its useful life?
Did the landlord fail to make repairs that were his obligation?
Did a third-party event or force majeure cause the problem?
Did the lease expressly allocate that specific repair item to one party?

Thus, the same condition may be wear and tear in one case and chargeable damage in another. A wall stain from age may be wear and tear; a wall stain from cigarette smoke saturation or a plumbing overflow caused by tenant negligence may be damage. A broken air-conditioning unit due to old age may be the landlord’s burden; the same unit may be chargeable to the tenant if damaged by improper use, failure to clean filters when contractually required, or unauthorized tampering.

IV. Landlord’s Obligations on Repairs and Maintenance

Under basic lease principles, the landlord has a duty to allow the tenant peaceful and adequate use of the premises. This includes maintaining the premises in a condition suitable for the agreed use, subject to the lease terms and the tenant’s obligations.

1. Necessary repairs

The landlord generally bears the cost of necessary repairs needed to preserve the property for the use for which it was leased, unless the need for repair arose from the tenant’s fault.

Examples:

repair of hidden plumbing leaks within walls,
structural deterioration,
roof leaks due to age or poor construction,
electrical system defects not caused by tenant overload or tampering,
replacement of old pipes,
major waterproofing works,
termite treatment for pre-existing infestation,
replacement of old fixtures that fail through age.

If a defect existed before move-in but was not obvious, that tends to support landlord responsibility.

2. Warranty of suitability and peaceful enjoyment

A landlord is expected to deliver the premises in a condition fit for habitation or intended use, at least to the extent required by law and contract. The tenant cannot be made the insurer of a poorly maintained or defective property.

If a tenant suffers because the landlord fails to make necessary repairs after notice, the tenant may in some cases have remedies under the contract or general law, such as demanding repair, seeking reduction in rent, or rescission under proper circumstances, depending on the seriousness of the breach.

3. Limits to landlord liability

The landlord is not responsible for every item that breaks during the lease. If the tenant caused the problem or aggravated it through negligence, the landlord may recover the cost from the tenant or deduct it from the security deposit if contractually allowed and properly documented.

V. Tenant’s Obligations on Repairs and Maintenance

1. Proper use and diligence

The tenant must use the premises as a prudent person would, only for the purpose intended by the lease, and with due care.

This includes:

basic cleanliness,
reasonable preventive upkeep,
proper operation of fixtures and appliances,
compliance with house rules and condominium rules,
prompt reporting of defects,
preventing avoidable deterioration.

The tenant is not required to improve the property, but is expected not to waste, abuse, or neglect it.

2. Liability for tenant fault or negligence

A tenant becomes liable when damage results from:

personal acts,
negligent omissions,
acts of family members, housemates, guests, employees, or contractors brought into the unit,
prohibited activities,
unauthorized alterations,
illegal use.

Examples:

allowing a bathroom leak to continue for months without reporting it,
overloading circuits with unsafe appliances,
drilling extensively into walls without permission,
installing fixtures that damage waterproofing,
failing to secure windows during storms when feasible,
permitting pets to scratch doors and floors.

3. Duty to notify the landlord

This is often overlooked. Even if the tenant did not create the defect, the tenant may still incur liability if he or she knew or should have known about a problem and failed to report it promptly, leading to worse damage.

For example:

a small pipe leak left unreported becomes major water damage,
an unusual electrical spark left unreported results in short-circuit damage,
a roof seepage left untreated causes mold and ceiling collapse.

In such cases, the original defect may have been the landlord’s responsibility, but the tenant may still share or bear liability for the additional damage caused by delay or neglect.

VI. What Counts as “Minor Repairs”?

A difficult issue is the category of minor repairs. Civil law lease systems often place small repairs arising from day-to-day use on the tenant, while major or necessary repairs fall on the landlord. Philippine lease contracts commonly adopt this distinction, though the exact wording varies.

Minor repairs often chargeable to tenants

Depending on the contract and circumstances:

replacement of light bulbs,
unclogging drains caused by ordinary household blockage attributable to use,
replacement of lost keys,
tightening loose knobs caused by ordinary daily use,
replacement of consumables and small accessories,
cleaning of air-conditioning filters where required,
routine pest control where infestation arises from tenant housekeeping.

Major repairs usually for landlords

roof and waterproofing works,
structural cracks not caused by tenant acts,
concealed pipe replacement,
full electrical rewiring,
replacement of old water heaters due to age,
major ceiling or wall restoration from pre-existing defects,
building-wide system repairs.

The challenge is that not every “small” repair is a tenant repair. A faucet replacement may look minor but may actually be due to old plumbing. A drain blockage may look minor but may be rooted in defective pipeline design. Facts matter.

VII. Security Deposits and Repair Deductions

1. Nature of the security deposit

In Philippine practice, landlords usually require a security deposit, separate from advance rent. The deposit is meant to answer for unpaid rent, unpaid utilities where contractually allowed, and damage to the premises beyond ordinary wear and tear.

It is not a free repair fund for all post-lease refresh costs.

2. What may generally be deducted

Subject to the contract and proof:

unpaid rent,
unpaid utility bills if chargeable to tenant,
replacement cost for missing items,
repair cost for tenant-caused damage,
cleaning costs only if the condition goes beyond ordinary turnover dirt and the contract expressly allows it,
restoration costs for unauthorized alterations.

3. What should not automatically be deducted

As a rule, landlords should not simply charge the tenant for:

repainting due solely to age and ordinary fading,
replacement of old fixtures that reached the end of useful life,
general refurbishment for the next tenant,
upgrades or betterments,
depreciation that naturally occurred during lawful occupancy.

A landlord cannot use the outgoing tenant’s deposit to make the unit “like new” if the deterioration was merely the result of normal use over time.

4. Requirement of reasonableness and proof

Even where tenant liability exists, deductions should be:

tied to actual damage,
supported by receipts, quotations, or repair invoices,
reasonable in amount,
adjusted for depreciation where appropriate,
not inflated to finance remodeling.

If a five-year-old appliance fails due to age, the tenant should not be charged the full cost of a brand-new replacement unless the tenant’s fault clearly destroyed a still-serviceable item and the contract validly supports that allocation. Fairness often requires considering the item’s age and useful life.

VIII. Depreciation and Betterment

A major but underappreciated issue is depreciation. Even when a tenant causes damage, the measure of recovery is not always the cost of installing a completely new item with no allowance for age.

1. Depreciation

Property components lose value over time. Paint, appliances, furniture, and fixtures have useful lives. If a tenant damages an item that was already old, the landlord’s recovery should generally reflect the remaining value or the reasonable repair cost, not a windfall.

2. Betterment

A landlord cannot usually charge the tenant for an improvement that places the property in a better condition than before the damage.

For example:

charging the tenant for a full premium floor replacement when only one panel was damaged,
upgrading from a basic to a luxury fixture and billing the difference,
repainting the whole unit in a higher-grade finish when only patchwork restoration was needed.

The principle is compensation, not enrichment.

IX. Move-In and Move-Out Condition Reports

In actual disputes, the party with better documentation usually wins.

1. Importance of move-in inventory and photos

At the start of the lease, the parties should record:

the condition of walls, floors, ceilings, and fixtures,
any pre-existing defects,
appliance brand, model, and working condition,
meter readings,
furniture inventory,
photographs and videos with date stamps.

Without this, it becomes difficult for the landlord to prove that the damage was caused during the tenant’s occupancy, or for the tenant to prove that the issue already existed.

2. Move-out inspection

At turnover, both parties should inspect the unit and identify:

ordinary aging,
missing items,
visible damage,
needed repairs,
unpaid charges,
and whether cleaning is within normal turnover expectations or beyond it.

A signed turnover checklist is powerful evidence.

3. Burden of proof

In disputes, the landlord typically must show that:

the item was delivered in better condition,
the deterioration exceeds ordinary wear and tear,
and the tenant caused or is legally responsible for the damage.

The tenant, meanwhile, may rebut by showing:

age of the item,
pre-existing condition,
hidden defect,
lack of causation,
normal use,
or landlord neglect.

X. Common Philippine Lease Clauses and Their Legal Effect

Lease contracts in the Philippines often contain clauses such as:

“Tenant shall maintain the premises in good and tenantable condition.”
“Tenant shall make all minor repairs.”
“Tenant shall return the premises in the same condition, reasonable wear and tear excepted.”
“All damages shall be charged against the security deposit.”
“Tenant shall not make alterations without prior written consent.”
“Tenant shall pay for repairs caused by his negligence or misuse.”

1. “Same condition” clauses are not absolute

When a lease says the premises must be returned “in the same condition,” this is usually read together with the exception for reasonable wear and tear, whether written or implied by law and fairness. The clause does not normally make the tenant liable for all changes that naturally occur with time.

2. “Tenantable condition” clauses

These require the tenant to keep the premises in reasonably usable and orderly condition, but not to cure structural defects, replace obsolete systems, or absorb aging-related deterioration not caused by fault.

3. “Minor repairs” clauses

These are generally enforceable if clear, but ambiguity is construed against overreaching interpretations. A landlord cannot relabel a major or age-related repair as “minor” simply to pass the cost to the tenant.

4. “All damages deductible from deposit” clauses

These are generally acceptable in principle, but the landlord still needs a factual and legal basis for the deduction. The clause does not eliminate the distinction between wear and tear and damage.

5. Clauses shifting all repairs to the tenant

Some contracts attempt to make the tenant responsible for virtually every repair, including structural and hidden defects. While contracts are generally binding, an overly broad clause may face challenge if applied unreasonably, contrary to law, public policy, good customs, or the fundamental nature of lease obligations. At minimum, such clauses are construed strictly.

XI. Specific Problem Areas

1. Paint and repainting

Paint disputes are extremely common.

Usually wear and tear:

fading due to time and sunlight,
minor scuffs from normal living,
slight discoloration from age.

Possibly tenant damage:

large stains, scribbles, or gouges,
heavy smoke staining,
extensive unauthorized repainting,
numerous large wall holes,
peeling caused by tenant misuse rather than moisture problems.

A landlord cannot automatically charge full repainting after every tenancy. Repainting is often part of ordinary turnover, especially after long occupancy. But repainting may be charged if the tenant’s conduct caused abnormal deterioration.

2. Floors

Usually wear and tear:

minor scratches from normal foot traffic,
slight dulling of finish,
ordinary aging of vinyl or wood coating.

Likely tenant damage:

deep gouges from dragging furniture recklessly,
burns, impact cracks, severe staining,
water warping from neglect,
pet scratches beyond ordinary use.

3. Plumbing

Usually landlord responsibility:

old pipe failure,
hidden leaks,
defective water pressure systems,
deterioration due to age.

Likely tenant responsibility:

clogged toilet from improper items,
sink blockage from grease or foreign objects,
broken fixtures from rough handling,
water damage from ignoring leaks.

4. Electrical systems

Usually landlord responsibility:

faulty wiring,
breaker issues from defective system,
old switches or outlets failing from age.

Likely tenant responsibility:

damage from unauthorized rewiring,
misuse of appliances causing overload,
tampering with panels or outlets.

5. Air-conditioning units and appliances

Usually landlord responsibility:

compressor failure due to age,
old appliance burnout,
defects not caused by misuse.

Possible tenant responsibility:

lack of routine cleaning if contractually assigned,
operation contrary to instructions,
unauthorized repairs,
physical damage.

6. Mold and moisture

Mold disputes are fact-sensitive.

Likely landlord responsibility:

building seepage,
roof leaks,
poor waterproofing,
hidden pipe leaks.

Possibly tenant responsibility:

failure to ventilate where reasonable,
failure to clean condensation,
drying laundry indoors in a prohibited manner,
failure to report persistent moisture,
poor housekeeping causing localized mold.

Many mold cases involve mixed causes, so liability may be shared.

7. Pest infestation

Often landlord responsibility:

pre-existing infestation,
structural entry points,
building-wide infestations.

Often tenant responsibility:

infestation caused by poor sanitation,
failure to dispose of garbage properly,
infestation confined to tenant’s housekeeping conditions.

8. Furniture and furnished units

In furnished rentals, the tenant is expected to return items in substantially the same condition, except for ordinary wear consistent with their age and use.

Examples:

sofa softening from normal use may be wear and tear,
cigarette burns or torn upholstery are damage,
loose dining chair joints from age may be wear and tear,
broken table glass from impact is damage.

XII. Unauthorized Alterations and Improvements

A tenant generally cannot make substantial changes without the landlord’s consent.

Examples:

drilling into concrete walls,
changing locks without permission,
installing bidets, shelves, or partitions,
repainting with bold colors,
modifying electrical lines,
replacing fixtures and disposing of originals.

Even if done in good faith, unauthorized alterations may create liability for:

restoration costs,
damage to waterproofing or structure,
replacement of removed original items,
code or condominium rule violations.

However, not every improvement harms the landlord. If the landlord accepted or benefited from the alteration, or expressly approved it, later claims may be limited.

XIII. Casualty, Force Majeure, and Events Beyond the Tenant’s Control

Not all deterioration in a leased property is attributable to either party’s fault.

A tenant is generally not liable for damage caused by:

typhoons,
earthquakes,
floods not due to tenant negligence,
fire not caused by tenant fault,
acts of third parties beyond tenant control,
sudden building system failure.

But if tenant negligence contributes to the loss, liability may reappear. For example, a storm enters through a window negligently left open when precautions were feasible, or a fire is worsened by unlawful electrical modifications.

Insurance may also affect the economic outcome, but insurance does not automatically erase contractual liability between landlord and tenant.

XIV. Subleasing, Guests, and Household Members

A tenant’s liability extends beyond personal acts. In general, the tenant may be held answerable for damage caused by:

family members,
guests,
domestic helpers,
boarders,
sublessees,
contractors engaged by the tenant.

This is especially true when the tenant allowed them into the premises or had control over the use of the property.

Examples:

a guest breaks a glass door,
a helper damages flooring with harsh chemicals,
a contractor hired by the tenant causes a plumbing leak,
a subtenant violates occupancy rules and damages fixtures.

The landlord usually need not chase these third persons first; the landlord may proceed against the tenant under the lease.

XV. The Role of Good Faith

Philippine civil law places strong emphasis on good faith in the performance of obligations. This matters in repair disputes.

Good faith by the landlord includes:

prompt response to repair reports,
honest documentation,
reasonable deductions only,
return of unused deposit,
no inflated claims.

Good faith by the tenant includes:

proper care,
timely notice of defects,
truthful turnover,
not concealing damage,
cooperating in inspection and repairs.

Bad faith can affect credibility and potentially damages.

XVI. Evidence That Commonly Decides the Case

In practice, these are the most persuasive pieces of evidence:

written lease contract,
move-in inspection sheet,
dated photographs and videos at move-in and move-out,
repair requests and chat messages,
receipts for repairs,
expert assessment where needed,
appliance service records,
condo incident reports,
utility records,
witness statements,
building maintenance reports.

A bare allegation that “the unit was damaged” is weak without comparison evidence. Likewise, a tenant’s mere claim of “wear and tear” is weak if photos show severe avoidable damage.

XVII. Dispute Resolution in the Philippines

When parties disagree, the issue may be resolved through:

direct negotiation,
barangay conciliation if applicable,
small claims or ordinary civil action depending on the amount and relief sought,
or arbitration if the lease provides for it.

1. Barangay conciliation

For many disputes between parties residing in the same city or municipality, barangay conciliation may be a prerequisite before court action, subject to exceptions. This is often where deposit and repair disputes begin.

2. Small claims

If the controversy is essentially for a sum of money, such as return of deposit or reimbursement of repair cost, small claims procedure may be available if within the jurisdictional amount and if the claim fits the procedural framework.

3. Ordinary civil action

More complex cases involving rescission, damages, possession-related issues, or substantial factual disputes may go through regular civil proceedings.

Courts will examine the contract, the condition evidence, causation, and the credibility of the parties.

XVIII. Practical Standards for Distinguishing Wear and Tear from Damage

Because many disputes are factual, the following practical tests help.

1. The time test

Ask: Would this deterioration reasonably occur over the lease period even with proper use?

If yes, it leans toward wear and tear.

2. The usage test

Ask: Did the item deteriorate from normal, intended use, or from abnormal, careless, or prohibited use?

Normal use points toward wear and tear; abnormal use points toward damage.

3. The age test

Ask: Was the item already old or near the end of its useful life?

If yes, landlord responsibility becomes more likely.

4. The causation test

Ask: Is there evidence linking the deterioration to a tenant act or omission?

Without causal proof, landlord claims are weaker.

5. The proportionality test

Ask: Is the claimed charge proportional to the actual harm?

Inflated restoration or replacement charges may be challengeable.

6. The notice test

Ask: Did the tenant report the problem promptly?

Failure to report may convert a neutral defect into tenant liability for the worsening damage.

XIX. Examples and Likely Outcomes

Example 1: Faded wall paint after a three-year lease

Likely wear and tear. Ordinary repainting due to age is usually for the landlord.

Example 2: Large wall anchors and multiple unpatched holes

Likely tenant damage, especially if beyond ordinary hanging use.

Example 3: Toilet clogged by sanitary pads

Likely tenant liability.

Example 4: Ceiling leak from upstairs pipe defect

Likely landlord responsibility, unless the tenant failed to report promptly and the damage worsened.

Example 5: Broken refrigerator motor in an old unit

Likely landlord responsibility, absent evidence of misuse.

Example 6: Deep scratches on wood floor from dragging appliances

Likely tenant damage.

Example 7: Aircon not cooling because filters were never cleaned despite contract clause

Likely tenant liability at least for service cost, possibly more if neglect caused damage.

Example 8: Rusted window hinges in a seaside property

Likely wear and tear unless aggravated by abuse.

Example 9: Flooding because tenant left faucet running

Likely tenant liability.

Example 10: Mold behind built-in cabinet from hidden wall seepage

Likely landlord responsibility.

XX. Can a Lease Agreement Override the Wear-and-Tear Rule?

A lease may allocate many repair duties by agreement, but not every contractual clause will be enforced to its broadest literal extent. Philippine law respects freedom of contract, yet contracts are subject to law, morals, good customs, public order, and public policy.

So while parties may validly agree that the tenant shoulders certain routine or minor maintenance items, the landlord cannot automatically escape all responsibility for:

hidden defects,
structural defects,
major necessary repairs not caused by the tenant,
or age-related deterioration that naturally follows from ordinary use,

especially where enforcement would be unreasonable or abusive.

Courts tend to interpret repair clauses in light of the entire contract and the nature of the lease relationship, not in isolation.

XXI. Residential vs Commercial Leases

The basic principles are similar, but commercial leases often place broader maintenance obligations on tenants. In commercial settings, especially in long-term leases, tenants may assume more extensive repair duties, sometimes even including major system maintenance, depending on the negotiated terms.

Residential leases, however, are more likely to be read with greater sensitivity to habitability, fairness, and the landlord’s continuing ownership obligations. Even then, the contract remains important.

XXII. Best Practices for Landlords

Landlords who want enforceable repair claims should:

document the unit thoroughly before turnover,
list the age and condition of fixtures and appliances,
define “minor repairs” clearly in the contract,
specify maintenance tasks assigned to the tenant,
respond promptly to repair reports,
keep receipts and service reports,
distinguish actual damage from ordinary turnover refurbishment,
and return the balance of the deposit promptly with an itemized breakdown.

Weak documentation is one of the main reasons landlords lose deposit disputes.

XXIII. Best Practices for Tenants

Tenants who want to avoid unfair charges should:

inspect and document the unit before moving in,
insist that pre-existing defects be listed in writing,
report leaks, electrical issues, and defects immediately,
keep proof of notices and communications,
obtain written consent before alterations,
use fixtures and appliances properly,
conduct reasonable cleaning before turnover,
attend the move-out inspection,
and request an itemized explanation of any deduction from the security deposit.

Tenants should also remember that silence can be costly. Failing to report a problem is one of the easiest ways to become partly liable for a repair that otherwise belonged to the landlord.

XXIV. Key Legal Takeaways

In Philippine lease law, the distinction between wear and tear and damage is ultimately a question of normal use versus fault-based deterioration.

A tenant is generally not liable for:

natural aging,
ordinary use,
reasonable depreciation,
hidden defects,
major repairs not caused by the tenant,
and events beyond the tenant’s control.

A tenant is generally liable for:

negligence,
misuse,
abuse,
unauthorized alterations,
failure to report defects promptly,
and damage caused by household members, guests, subtenants, or contractors under the tenant’s control.

The landlord may deduct from the security deposit only those amounts that are legally and factually justified, and not the cost of ordinary refurbishment, betterment, or age-related replacement.

In almost every dispute, the decisive questions are:

What exactly happened?
What caused it?
Was it normal for the age and duration of use?
What does the lease say?
What can each party prove?

Conclusion

Tenant liability for repairs and maintenance in the Philippines is not determined by labels alone. Not every broken or worn item is “damage,” and not every deterioration is “wear and tear.” The law looks to cause, fault, age, ordinary use, contract terms, and evidence.

The fairest working rule is this: the landlord bears the cost of owning an aging property; the tenant bears the cost of harm caused by improper use or neglect. Between those two poles lies a wide gray area where documentation, good faith, and careful legal analysis matter most.

Where the lease is silent or ambiguous, Philippine civil law principles strongly support a balanced approach: the tenant must return the premises in good condition subject to reasonable wear and tear, while the landlord cannot convert the tenant’s deposit into a fund for renovation, upgrading, or curing the natural effects of time.