I. Introduction

In Philippine lease relations, the responsibility for house repairs and renovations depends primarily on the lease contract, the Civil Code of the Philippines, the nature of the repair, the cause of the damage, and the kind of improvement or alteration involved.

A tenant is not automatically responsible for every defect, deterioration, or needed repair in a rented house. At the same time, a landlord is not expected to shoulder damage caused by the tenant’s fault, negligence, misuse, unauthorized alteration, or violation of the lease agreement.

The basic legal distinction is this:

The landlord must generally keep the leased property fit for the use intended, while the tenant must use the property with diligence and return it in substantially the same condition, ordinary wear and tear excepted.

This article discusses tenant responsibility for repairs, maintenance, improvements, renovations, reimbursement, unauthorized alterations, security deposits, and related landlord-tenant disputes in the Philippine context.

II. Governing Law

Residential leases in the Philippines are principally governed by:

The Civil Code of the Philippines, especially provisions on lease;
The written lease contract, if one exists;
Special rental laws, where applicable, such as rent control rules for covered residential units;
Barangay conciliation laws, for disputes between individuals residing in the same city or municipality;
Local ordinances, building rules, subdivision rules, condominium rules, and homeowners’ association regulations, when applicable.

The lease contract is highly important because parties may agree on repair responsibilities, renovation restrictions, deposit deductions, and maintenance obligations, provided the agreement is not contrary to law, morals, public policy, or public order.

III. Basic Legal Relationship Between Landlord and Tenant

A lease is a contract where one party, the lessor or landlord, binds himself to give another party, the lessee or tenant, the enjoyment or use of a thing for a price certain and for a period which may be definite or indefinite.

In a house lease, the landlord gives possession and use of the house to the tenant. The tenant pays rent and is expected to use the house as agreed.

The landlord remains the owner of the property. The tenant receives only the right of temporary use and possession. Because of this, the tenant cannot treat the property as if it were his own by making major structural changes, removing fixtures, or renovating without permission.

IV. Main Rule: Landlord Is Responsible for Necessary Repairs

As a general rule, the landlord is responsible for necessary repairs to keep the leased property suitable for the purpose for which it was leased.

For a residential house, this means the landlord must generally maintain the house in a condition fit for habitation. This includes repairs that are necessary for the tenant to safely and reasonably live in the property.

Examples may include:

Major roof leaks not caused by the tenant;
Defective structural components;
Unsafe electrical wiring due to age or defect;
Plumbing defects not caused by tenant misuse;
Serious wall, ceiling, or flooring defects caused by age, weather, or ordinary deterioration;
Repairs needed because of hidden defects existing before the lease;
Damage caused by force majeure, unless the contract provides otherwise or the tenant contributed to the damage.

The landlord’s duty is tied to the tenant’s right to peaceful and useful enjoyment of the leased property. A house leased for residential purposes must be reasonably livable.

V. Tenant’s Main Duty: Proper Use and Ordinary Care

The tenant has the duty to use the rented house with the diligence of a good father of a family. This means the tenant must take reasonable care of the property and avoid acts that damage it.

The tenant is generally responsible for damage caused by:

His own negligence;
Misuse of the premises;
Intentional damage;
Unauthorized alterations;
Abuse by household members;
Damage caused by guests, helpers, workers, or occupants allowed by the tenant;
Failure to report a defect when delay causes greater damage;
Violation of the lease contract;
Use of the property for a purpose different from that agreed upon.

For example, if a tenant breaks tiles by dropping heavy equipment, clogs drains through improper disposal of grease or foreign objects, damages doors through careless use, or causes electrical damage by overloading outlets, the tenant may be liable for repair.

VI. Ordinary Wear and Tear

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

Ordinary wear and tear refers to the natural and reasonable deterioration of the house due to normal use over time. It is not the same as damage caused by negligence or abuse.

Examples of ordinary wear and tear may include:

Faded paint due to age and sunlight;
Minor wall marks from normal occupancy;
Worn flooring from regular walking;
Loose hinges from normal use over several years;
Aging fixtures;
Minor plumbing wear not caused by misuse;
Natural deterioration of roofing, pipes, or wiring.

Examples of tenant-caused damage may include:

Large holes in walls;
Broken windows;
Burn marks;
Missing fixtures;
Unauthorized repainting in extreme colors;
Broken doors or locks due to misuse;
Pet damage, if pets were allowed or kept despite prohibition;
Water damage caused by leaving taps open;
Mold caused by failure to ventilate or failure to report leaks.

The distinction is often factual. Photographs, move-in inspection reports, receipts, contractor assessments, and written notices are important evidence.

VII. Necessary Repairs vs. Minor Repairs

Philippine lease disputes often turn on the distinction between necessary repairs and minor repairs.

Necessary repairs

These are repairs required to preserve the property and keep it usable for its intended purpose. They usually fall on the landlord unless the tenant caused the damage.

Examples:

Repairing major plumbing failures;
Fixing serious roof leaks;
Replacing dangerous electrical wiring;
Repairing structural defects;
Addressing defects that make the house unsafe or uninhabitable.

Minor repairs

Minor repairs are small maintenance items arising from ordinary use by the tenant. Lease contracts often place these on the tenant.

Examples may include:

Replacing light bulbs;
Replacing faucet washers;
Cleaning clogged drains caused by ordinary household residue;
Replacing small inexpensive parts;
Maintaining cleanliness;
Minor touch-ups caused by tenant use;
Replacing batteries in smoke detectors or remote controls, where applicable.

However, the classification depends on the lease contract, the amount involved, the cause of the damage, and whether the item failed because of age or misuse.

A lease contract may validly state that the tenant shoulders minor repairs below a certain amount, while the landlord shoulders major repairs. This is common and generally enforceable.

VIII. Repairs Caused by Tenant Fault or Negligence

A tenant must pay for repairs when the damage is attributable to his fault, negligence, or breach.

Common examples include:

Plumbing damage
- Throwing food waste, oil, sanitary products, wipes, cement, hair buildup, or foreign objects into drains;
- Causing toilet blockage through improper use;
- Ignoring leaks until damage spreads.
Electrical damage
- Overloading outlets;
- Installing unauthorized appliances or wiring;
- Tampering with breakers;
- Using defective extension cords that cause damage.
Structural or physical damage
- Breaking doors, windows, tiles, cabinets, locks, or gates;
- Drilling excessive holes;
- Removing built-in fixtures;
- Damaging walls through unauthorized installations.
Water damage
- Leaving faucets open;
- Failing to report leaks;
- Improper installation of washing machines, bidets, water filters, or appliances.
Pest infestation
- If caused by poor sanitation, improper garbage disposal, or failure to maintain cleanliness.
Pet damage
- Scratched doors, damaged floors, odors, stains, or destroyed fixtures caused by pets.

In such cases, the tenant may be required to restore the property or reimburse the landlord.

IX. Repairs Caused by Age, Defect, or Natural Deterioration

If damage is caused by age, latent defect, natural deterioration, or conditions existing before the lease, the landlord is generally responsible.

For example:

Old pipes burst despite normal use;
Roof leaks due to long-term deterioration;
Termite damage existed before the tenant occupied the house;
Electrical wiring is outdated and unsafe;
Ceiling collapses due to structural defect;
Septic tank problems arise from long-term neglect before the tenancy.

The tenant should promptly notify the landlord. Failure to notify may expose the tenant to liability for additional damage caused by the delay.

X. Duty of Tenant to Notify the Landlord

A tenant should notify the landlord as soon as he becomes aware of serious defects or needed repairs.

This is important because the landlord cannot repair defects he does not know about. If the tenant keeps silent and the damage worsens, the landlord may argue that the tenant should pay for the increased cost.

Best practice is to notify in writing through text, email, letter, or messaging app, with photos or videos.

A proper notice should include:

Description of the defect;
Date it was discovered;
Photos or videos;
Request for inspection or repair;
Urgency, especially if safety is involved;
Clear statement that the tenant did not cause the damage, if applicable.

Written notice helps avoid disputes about when the landlord was informed.

XI. Can the Tenant Repair and Deduct from Rent?

A tenant should be careful before making repairs and deducting the cost from rent.

As a general rule, the tenant should not unilaterally deduct repair costs from rent unless:

The lease contract allows it;
The landlord gave prior written approval;
The repair was urgent and necessary;
The tenant can prove the landlord was notified and failed or refused to act;
The cost was reasonable and documented.

Unilateral deduction may be treated by the landlord as nonpayment or underpayment of rent, which can lead to demand letters or ejectment proceedings.

For urgent repairs affecting safety or habitability, the tenant should document everything carefully. Examples include emergency plumbing repair to stop flooding, electrical repair to prevent danger, or temporary roof repair during heavy rain. Even then, prior notice to the landlord is strongly advisable whenever possible.

XII. Renovations Are Different from Repairs

A repair restores the property to its proper condition.

A renovation changes, improves, remodels, or upgrades the property.

Examples of repairs:

Fixing a leaking pipe;
Replacing a broken lock;
Repairing damaged tiles;
Fixing a defective outlet;
Replacing a broken window.

Examples of renovations:

Repainting the entire house in a new color scheme;
Installing new cabinets;
Changing flooring;
Removing partitions;
Building an extension;
Installing new kitchen counters;
Replacing windows for aesthetic reasons;
Adding a dirty kitchen;
Converting a garage into a bedroom;
Installing permanent air-conditioning holes, ducting, or electrical lines.

The tenant usually has no right to renovate without the landlord’s permission.

XIII. Tenant Cannot Make Major Alterations Without Consent

Because the landlord owns the property, the tenant cannot make substantial changes without consent.

Unauthorized renovations may result in:

Liability for restoration costs;
Forfeiture or deduction from security deposit;
Termination of lease;
Ejectment case;
Damages;
Loss of reimbursement claim;
Requirement to remove the improvement;
Possible violation of building, subdivision, condominium, or homeowners’ rules.

Examples of alterations that usually require written consent:

Repainting;
Drilling into walls, ceilings, or tiles;
Installing built-in cabinets;
Changing locks;
Modifying electrical wiring;
Installing split-type air-conditioning units;
Removing fixtures;
Replacing doors or windows;
Building extensions;
Installing CCTV cameras;
Installing gates, fences, grills, or partitions;
Changing plumbing lines;
Renovating bathrooms or kitchens;
Mounting heavy equipment or appliances.

Even seemingly minor changes can create disputes if they affect the appearance, structure, safety, or value of the property.

XIV. Improvements Made by the Tenant

An improvement is something added to the property that increases utility, comfort, or value.

The Civil Code recognizes different kinds of improvements, but in landlord-tenant practice, the key question is whether the improvement was:

Authorized or unauthorized;
Necessary, useful, or ornamental;
Removable without damage;
Made in good faith;
Covered by a written agreement.

Examples:

Installing shelves;
Adding lighting fixtures;
Building cabinets;
Improving landscaping;
Installing air-conditioning brackets;
Adding screens, blinds, or grills;
Upgrading faucets, showerheads, or fixtures.

The tenant should not assume that an improvement will be reimbursed. Many lease contracts state that improvements introduced by the tenant become the property of the landlord without reimbursement, unless otherwise agreed.

XV. Reimbursement for Tenant Improvements

A tenant is not automatically entitled to reimbursement for improvements.

Reimbursement depends on:

The lease contract;
Written approval by the landlord;
Whether the improvement was necessary;
Whether the improvement was useful or merely ornamental;
Whether the landlord agreed to reimburse;
Whether the tenant can remove the improvement without damaging the property.

Necessary expenses

If the tenant incurred necessary expenses to preserve the property, reimbursement may be arguable, especially where the landlord was notified and failed to act. However, proof is essential.

Useful improvements

Useful improvements increase the value or utility of the property. A tenant should not expect reimbursement unless the landlord agreed. If removable without damage, the tenant may be allowed to remove them, subject to the lease.

Ornamental improvements

Ornamental or luxury improvements, such as decorative fixtures or aesthetic upgrades, are usually not reimbursable unless agreed.

The safest rule is: get written approval before spending money on improvements.

XVI. Removal of Tenant-Installed Items

A tenant may generally remove items he owns if removal does not damage the property and the lease does not prohibit removal.

Examples often removable:

Curtains;
Freestanding shelves;
Movable appliances;
Portable air-conditioners;
Furniture;
Decorative items;
Non-permanent fixtures.

Examples that may not be removable without landlord consent:

Built-in cabinets;
Tiles;
Permanent lighting fixtures;
Plumbing installations;
Electrical wiring;
Gates or grills attached to the structure;
Split-type air-conditioning lines and brackets;
Permanent partitions.

If removal leaves holes, stains, broken tiles, exposed wiring, or other damage, the tenant may be required to repair or pay for restoration.

XVII. Security Deposit and Repair Deductions

Security deposits are commonly used to answer for unpaid rent, unpaid utilities, damage to the property, missing items, and other tenant obligations.

A landlord may deduct repair costs from the security deposit if:

The damage is beyond ordinary wear and tear;
The damage was caused by the tenant, occupants, guests, or pets;
The cost is reasonable;
The deduction is supported by receipts, estimates, photos, or inspection reports;
The lease contract permits such deduction.

A tenant may dispute deductions that are:

For ordinary wear and tear;
Unsupported by receipts;
Excessive;
For pre-existing damage;
For renovations or upgrades that go beyond restoration;
For defects caused by age or landlord neglect.

A landlord should not use the tenant’s deposit to renovate or improve the house at the tenant’s expense. The deposit should cover legitimate tenant obligations, not normal property depreciation.

XVIII. Move-In and Move-Out Inspections

Inspection documentation is one of the best ways to prevent disputes.

At move-in, the tenant should record:

Existing cracks;
Water stains;
Broken fixtures;
Defective outlets;
Plumbing issues;
Paint condition;
Floor condition;
Roof leaks;
Pest issues;
Appliance condition, if included;
Meter readings;
Keys and locks;
Inventory of furniture and fixtures.

At move-out, both parties should inspect the house and compare its condition with the move-in record.

Photographs and videos should be dated. Written acknowledgment by both parties is ideal.

XIX. Utilities, Appliances, and Fixtures

Responsibility for utilities and appliances depends on the lease contract and cause of damage.

Utilities

Tenants usually pay for electricity, water, internet, association dues if agreed, garbage fees if agreed, and other consumption-based charges.

If unpaid utilities result in disconnection, penalties, or reconnection fees, the tenant may be liable if the charges were his responsibility.

Appliances

If appliances are included in the lease, the landlord is generally responsible for defects caused by age or normal breakdown, unless the lease provides otherwise. The tenant is responsible for damage caused by misuse.

Examples:

Refrigerator compressor fails due to age: usually landlord responsibility.
Washing machine breaks because tenant overloaded it repeatedly: tenant responsibility.
Air-conditioner stops cooling due to normal wear: depends on agreement.
Air-conditioner damaged by lack of cleaning required under the lease: tenant may be liable.

Fixtures

Fixtures attached to the house are generally part of the property. The tenant should not remove or replace them without consent.

XX. Locks, Keys, and Security Devices

Changing locks without landlord consent may violate the lease. A tenant may have legitimate security concerns, but because the landlord owns the property, lock changes should be coordinated.

If allowed, the tenant should provide duplicate keys unless the lease says otherwise. The tenant may be liable for lost keys, damaged locks, or failure to return keys.

CCTV installation, smart locks, alarms, and doorbell cameras should also be approved, especially if installation requires drilling, wiring, or affects privacy of neighbors or common areas.

XXI. Painting and Wall Alterations

Repainting is a common source of conflict.

A tenant should not repaint without written permission. Even if repainting improves appearance, the landlord may object to color, quality, workmanship, or brand of paint.

If the tenant repaints without approval, the landlord may require restoration to the original color or deduct repainting cost from the deposit.

Minor nail holes may be treated as normal use depending on the lease and extent. However, large holes, excessive drilling, adhesive damage, mounted fixtures, and damaged tiles may be charged to the tenant.

XXII. Air-Conditioning Units, Internet Lines, and Installations

Modern residential leases often involve installations such as split-type air-conditioners, fiber internet, satellite dishes, water heaters, bidets, CCTV, and range hoods.

These usually require landlord consent because they may involve:

Drilling walls;
Electrical load issues;
Plumbing connections;
Exterior appearance;
Waterproofing concerns;
Building permits or condominium approval;
Damage upon removal.

The tenant should ask written permission before installation and clarify:

Who pays installation cost;
Who owns the unit;
Who pays maintenance;
Who repairs damage from installation;
Whether the installation may remain after lease ends;
Whether restoration is required upon move-out.

XXIII. Pests, Termites, and Sanitation

Responsibility for pest control depends on cause and timing.

The landlord may be responsible if infestation existed before occupancy or arises from structural conditions of the property. The tenant may be responsible if infestation results from poor sanitation, improper garbage disposal, food waste, pets, or failure to maintain cleanliness.

Termites are more complicated. If termite damage is long-standing or structural, it usually points to landlord responsibility. If tenant conduct contributed to infestation or the tenant ignored obvious signs, liability may be shared or disputed.

The tenant should report infestation promptly.

XXIV. Damage from Calamities and Force Majeure

The Philippines is prone to typhoons, floods, earthquakes, fires, and other calamities.

Damage caused by force majeure is generally not the tenant’s responsibility unless the tenant contributed to the loss through negligence.

Examples:

Roof damaged by typhoon: usually landlord responsibility.
Flood enters due to extraordinary rainfall: usually not tenant-caused.
Fire caused by lightning: usually not tenant-caused.
Fire caused by tenant’s unattended cooking or overloaded electrical outlet: tenant may be liable.
Water damage worsened because tenant left windows open during a storm: tenant may be liable.

Lease contracts may allocate responsibilities for calamity-related repairs, temporary relocation, rent suspension, or termination.

XXV. When the House Becomes Uninhabitable

If the house becomes uninhabitable through no fault of the tenant, legal issues may arise regarding rent reduction, suspension, termination, or repair obligations.

Examples:

Severe flooding;
Collapsed ceiling;
No usable toilet or water supply;
Dangerous electrical condition;
Major fire damage;
Structural instability.

The tenant should notify the landlord immediately and document the condition. If the landlord refuses to repair serious defects, the tenant may consider legal remedies, but should avoid simply abandoning the property or stopping rent without proper documentation and legal basis.

XXVI. Tenant’s Right to Peaceful Enjoyment During Repairs

Even when the landlord has the right or duty to repair, the tenant is entitled to reasonable respect for privacy and possession.

The landlord should not enter the house at will unless the lease allows entry under specified conditions or there is an emergency. Repair visits should generally be scheduled with reasonable notice.

Emergency situations may justify immediate access, such as fire, flooding, gas leak, or serious safety risk.

The tenant should not unreasonably refuse access for necessary repairs. Refusal may make the tenant responsible for worsening damage or may constitute breach of lease.

XXVII. Contract Clauses on Repairs

A good lease contract should clearly state repair responsibilities.

Common clauses include:

Landlord shoulders major structural repairs;
Tenant shoulders minor repairs below a fixed amount;
Tenant pays for damage caused by negligence or misuse;
Tenant must report defects immediately;
Tenant cannot renovate without written consent;
Improvements become landlord property unless otherwise agreed;
Tenant must restore unauthorized alterations;
Security deposit may answer for damage beyond ordinary wear and tear;
Tenant must allow reasonable access for inspection and repairs;
Tenant must maintain cleanliness and sanitation;
Tenant must comply with subdivision, condominium, or association rules.

These clauses are generally enforceable if reasonable and lawful.

XXVIII. Unfair or Overbroad Repair Clauses

Some lease contracts attempt to make the tenant responsible for all repairs, regardless of cause. Such clauses may be disputed if they effectively relieve the landlord of essential obligations or impose unreasonable burdens.

For example, a clause requiring the tenant to pay for all structural defects, roof deterioration, old plumbing, or pre-existing damage may be challenged depending on the facts.

However, parties have contractual freedom. A tenant who signs a lease accepting certain obligations may be held to them, especially if the clause is clear and not illegal.

Tenants should read repair clauses carefully before signing.

XXIX. Oral Leases and Repair Responsibility

Many Philippine residential leases are informal or oral. Even without a written lease, the Civil Code still governs the relationship.

In oral leases, repair disputes are harder to resolve because there is less documentation. The parties must rely on messages, receipts, photos, witnesses, payment records, and conduct.

A written agreement is strongly preferable, especially for houses, long-term leases, furnished units, or properties requiring maintenance.

XXX. Rent Control and Repairs

Rent control laws may apply to certain residential units depending on rental amount and statutory coverage. These laws primarily regulate rent increases and ejectment grounds, but repair disputes may still be governed by the lease contract and Civil Code.

A tenant covered by rent control is not excused from paying for damage he caused. A landlord covered by rent control is not excused from maintaining the property in livable condition.

Because rent control coverage depends on current law, rental amount, location, and type of property, parties should verify applicability before relying on it.

XXXI. Condominium and Subdivision Rules

If the rented house or unit is in a condominium, subdivision, village, or homeowners’ association, additional rules may apply.

These may include restrictions on:

Renovation hours;
Contractor permits;
Gate passes;
Work bonds;
Noise;
Debris disposal;
Exterior changes;
Air-conditioning placement;
Parking renovations;
Balcony modifications;
Electrical and plumbing work;
Move-in and move-out procedures.

Even if the landlord permits renovation, the condominium corporation or homeowners’ association may still require approval.

The tenant should not proceed with work until all required permissions are obtained.

XXXII. Building Permits and Code Compliance

Some renovations require permits or professional work.

Examples may include:

Structural modifications;
Electrical rewiring;
Plumbing changes;
Extensions;
Load-bearing wall changes;
Septic or drainage work;
Major roofing work.

Unauthorized construction may violate local building regulations. Liability may fall on the party who caused or authorized the work, and the landlord may require restoration.

Tenants should avoid major construction without written landlord consent and proper permits.

XXXIII. Repairs During the Lease Term

During the lease, the recommended process is:

Tenant discovers defect;
Tenant documents it with photos or videos;
Tenant notifies landlord in writing;
Landlord inspects or sends repair personnel;
Parties agree who pays based on cause and contract;
Repair is completed;
Receipts and records are kept.

For disputed repairs, the party alleging tenant fault should be able to prove it. For example, a landlord claiming the tenant caused plumbing blockage should ideally have plumber findings, photos, or other evidence.

XXXIV. Repairs at the End of the Lease

At the end of the lease, the tenant should return the house in the condition required by the contract, ordinary wear and tear excepted.

The tenant should:

Remove personal belongings;
Clean the premises;
Pay utilities;
Return keys;
Repair tenant-caused damage;
Remove unauthorized installations if required;
Restore altered areas;
Attend joint inspection;
Request written accounting of deposit deductions.

The landlord should:

Inspect fairly;
Distinguish damage from ordinary wear;
Provide itemized deductions;
Return the balance of the deposit;
Avoid charging the tenant for property upgrades.

XXXV. Security Deposit Return Disputes

A common dispute arises when the landlord refuses to return the security deposit.

A landlord may validly retain part or all of the deposit for legitimate obligations such as:

Unpaid rent;
Unpaid utilities;
Damage beyond ordinary wear and tear;
Missing items;
Cleaning required because of abnormal filth or abandonment;
Restoration of unauthorized alterations.

A landlord should not retain the deposit for:

Normal repainting due to age;
Ordinary wear;
Pre-existing defects;
Major repairs unrelated to tenant fault;
Renovations to improve the house for the next tenant;
Unsupported or inflated claims.

The tenant should request an itemized statement and receipts.

XXXVI. Documentation and Evidence

The strongest evidence in repair disputes includes:

Written lease contract;
Move-in photos and videos;
Move-out photos and videos;
Inventory list;
Written notices of defects;
Landlord replies;
Receipts;
Contractor estimates;
Plumber, electrician, or engineer reports;
Barangay blotter or mediation records;
Witness statements;
Utility bills;
Association notices;
Prior repair history.

In landlord-tenant disputes, documentation often determines the outcome.

XXXVII. Practical Allocation of Common Repairs

The following table gives a practical guide, subject to the lease contract and facts:

Issue	Usually Landlord Responsibility	Usually Tenant Responsibility
Roof leak due to age	Yes	No
Roof damage caused by tenant installation	No	Yes
Burst old pipe	Yes	No
Clogged drain due to tenant misuse	No	Yes
Electrical wiring defect due to age	Yes	No
Burned outlet from overloading	No	Yes
Faded paint	Yes / ordinary wear	No
Unauthorized repainting	No	Yes
Broken window from accident by tenant	No	Yes
Termite damage existing before lease	Yes	No
Pest infestation due to poor sanitation	No	Yes
Broken lock from normal aging	Yes / depends	No
Lost keys	No	Yes
Damaged tiles from dropped heavy object	No	Yes
Worn flooring from normal use	Yes / ordinary wear	No
Appliance failure from age	Yes / depends	No
Appliance damage from misuse	No	Yes
Structural defect	Yes	No, unless tenant caused it
Unauthorized renovation	No	Yes

XXXVIII. Tenant Liability for Guests, Family Members, and Helpers

A tenant may be liable not only for his own acts but also for damage caused by persons he allows into the property.

This may include:

Family members;
Roommates;
Visitors;
Domestic helpers;
Contractors hired by the tenant;
Delivery or installation personnel;
Pets.

If a guest breaks a fixture or a contractor improperly installs equipment, the landlord may claim against the tenant, and the tenant may separately pursue reimbursement from the person who caused the damage.

XXXIX. Subleasing and Occupancy Issues

If the tenant subleases or allows others to occupy the house without permission, damage caused by those occupants may still be charged to the original tenant.

Unauthorized subleasing may also be a breach of contract and a ground for termination or ejectment.

The original tenant remains responsible to the landlord unless the landlord has legally accepted a new tenant or released the original tenant.

XL. Renovations by the Landlord During the Lease

A landlord may need to conduct repairs or renovations during the lease. However, the landlord should respect the tenant’s possession and right to peaceful enjoyment.

Necessary repairs may be allowed, especially for safety or preservation of the property. But disruptive non-urgent renovations may raise issues if they interfere with the tenant’s use of the house.

If landlord repairs make the house partly unusable, the tenant may seek rent adjustment depending on the severity, duration, lease terms, and cause.

XLI. Illegal Eviction and Self-Help Measures

Repair disputes do not justify illegal eviction.

A landlord should not:

Padlock the property;
Remove the tenant’s belongings;
Cut off water or electricity to force the tenant out;
Threaten or harass the tenant;
Enter without consent except in genuine emergencies;
Refuse access to the tenant’s home.

A tenant should not:

Refuse to pay rent without legal basis;
Destroy property;
Deny access for necessary repairs;
Make unauthorized deductions;
Threaten the landlord;
Remove fixtures belonging to the landlord.

Disputes should be resolved through demand letters, barangay conciliation where applicable, negotiation, or proper court action.

XLII. Ejectment and Repair Disputes

If repair-related disputes escalate, they may lead to ejectment proceedings, particularly if there is nonpayment of rent, expiration of lease, violation of lease terms, or unlawful detainer.

A landlord may file an ejectment case if the tenant remains in possession after demand to vacate and legal grounds exist.

A tenant may raise defenses, including landlord breach, improper deductions, lack of cause, or payment. However, tenants should be careful because withholding rent due to repair disputes may create legal risk.

XLIII. Barangay Conciliation

Many landlord-tenant disputes between individuals must first undergo barangay conciliation if the parties reside in the same city or municipality and the dispute falls within the barangay justice system.

Repair disputes, deposit disputes, and minor damage claims are often brought to the barangay first.

Barangay proceedings may result in:

Settlement agreement;
Payment schedule;
Agreement on repairs;
Deposit refund arrangement;
Move-out terms;
Certification to file action if settlement fails.

A barangay settlement may be binding.

XLIV. Demand Letters

Before litigation, parties often send demand letters.

A landlord’s demand letter may require the tenant to:

Pay repair costs;
Restore alterations;
Vacate the property;
Pay unpaid rent;
Allow inspection;
Remove unauthorized improvements.

A tenant’s demand letter may require the landlord to:

Conduct necessary repairs;
Reimburse urgent repair expenses;
Return the deposit;
Stop unlawful entry;
Provide accounting of deductions.

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

XLV. Best Practices for Tenants

Tenants should:

Read the lease carefully before signing;
Inspect the house before moving in;
Take dated photos and videos;
Report defects immediately in writing;
Avoid unauthorized repairs or renovations;
Get written consent before drilling, painting, installing, or modifying anything;
Keep receipts for approved repairs;
Maintain cleanliness and proper use;
Pay utilities on time;
Attend move-out inspection;
Ask for itemized deposit deductions;
Avoid withholding rent without clear legal basis.

XLVI. Best Practices for Landlords

Landlords should:

Use a written lease contract;
Conduct a move-in inspection;
Provide a clear inventory;
Define minor and major repairs;
Respond promptly to repair requests;
Document tenant-caused damage;
Avoid arbitrary deposit deductions;
Require written approval for renovations;
Respect tenant privacy;
Use lawful remedies instead of self-help eviction;
Keep receipts and contractor reports;
Clarify rules on pets, appliances, fixtures, and installations.

XLVII. Sample Repair Clause

A lease may include a clause similar to the following:

The Lessor shall be responsible for major structural repairs and repairs necessary to keep the leased premises fit for residential use, except when such repairs are caused by the fault, negligence, misuse, or unauthorized acts of the Lessee, members of the Lessee’s household, guests, employees, contractors, or pets. The Lessee shall be responsible for ordinary maintenance, cleanliness, minor repairs due to ordinary use, replacement of consumables, and all damage caused by misuse, negligence, or breach of this Contract. The Lessee shall immediately notify the Lessor in writing of any defect or needed repair. The Lessee shall not make alterations, renovations, installations, repainting, drilling, or improvements without the prior written consent of the Lessor.

XLVIII. Sample Renovation Clause

A renovation clause may state:

The Lessee shall not introduce any renovation, alteration, improvement, installation, construction, repainting, drilling, rewiring, plumbing work, or structural change in the leased premises without the prior written consent of the Lessor. Any authorized improvement shall be governed by the written approval of the Lessor. Unless otherwise agreed in writing, permanent improvements introduced by the Lessee shall become the property of the Lessor upon termination of the lease without obligation of reimbursement. The Lessee shall be liable for the cost of restoring any unauthorized alteration or damage caused by installation or removal.

XLIX. Sample Security Deposit Clause

A deposit clause may state:

The security deposit shall answer for unpaid rent, unpaid utilities, damage to the leased premises beyond ordinary wear and tear, missing items, cleaning costs due to abnormal condition of the premises, restoration of unauthorized alterations, and other obligations of the Lessee under this Contract. The Lessor shall provide an accounting of deductions, if any, and return the remaining balance within the period agreed upon by the parties, subject to final billing of utilities and inspection of the premises.

L. Common Misconceptions

“The tenant must pay for all repairs because he is using the house.”

Not necessarily. The tenant pays for damage he caused and ordinary maintenance assigned to him. The landlord generally pays for necessary repairs due to age, defect, or ordinary deterioration.

“The landlord must pay for everything because he owns the house.”

Not necessarily. The tenant is responsible for negligent, abusive, or unauthorized acts.

“Improvements made by the tenant must be reimbursed.”

Not automatically. Reimbursement usually requires agreement or legal basis.

“A tenant can deduct repair costs from rent anytime.”

No. Unauthorized deductions may be treated as nonpayment.

“The landlord can keep the whole deposit for repainting.”

Only if justified by the lease and facts. Ordinary wear and tear should not be charged to the tenant.

“The tenant can renovate because it improves the house.”

No. Improvement does not replace consent. The landlord controls permanent changes to the property.

LI. Legal Principles in Summary

The Philippine legal approach may be summarized as follows:

The landlord must deliver and maintain the property in a condition fit for its intended use.
The tenant must use the property with proper care.
The landlord generally shoulders necessary repairs not caused by the tenant.
The tenant shoulders repairs caused by fault, negligence, misuse, or unauthorized acts.
Ordinary wear and tear is not tenant liability.
Renovations require landlord consent.
Tenant improvements are not automatically reimbursable.
Security deposits may be applied only to legitimate tenant obligations.
Written documentation is crucial.
Repair disputes should be resolved lawfully, not through self-help eviction or arbitrary rent withholding.

LII. Conclusion

Tenant responsibility for house repairs and renovations in the Philippines depends on contract, cause, necessity, consent, and evidence. The landlord generally bears the burden of keeping the property habitable and structurally sound, while the tenant bears the burden of careful use, ordinary maintenance, and payment for damage caused by negligence or unauthorized acts.

The most important distinction is between repairs needed because the property naturally deteriorated and repairs needed because the tenant caused damage. The first generally belongs to the landlord; the second generally belongs to the tenant.

For renovations, the rule is stricter: a tenant should not renovate, alter, repaint, drill, install, remove, or permanently improve the house without the landlord’s written consent. Even beneficial improvements can create liability if unauthorized.

A well-written lease, clear communication, prompt notice, documented inspections, receipts, and written approvals are the best protection for both landlord and tenant.