Short answer. No. Article 1665 requires the lessee to return the thing leased as he received it, but expressly saves what has been lost or impaired by the lapse of time, by ordinary wear and tear, or from an inevitable cause. Deterioration of that kind is the owner's to bear.
What the law says
The lessee shall return the thing leased, upon the termination of the lease, as he received it, save what has been lost or impaired by the lapse of time, or by ordinary wear and tear, or from an inevitable cause.
Civil Code, Article 1665 — Return of the Thing Leased. Read the full provision →
The obligation and its built-in exception
Article 1665 provides that The lessee shall return the thing leased, upon the termination of the lease, as he received it, save what has been lost or impaired by the lapse of time, or by ordinary wear and tear, or from an inevitable cause. The first half is what landlords quote and the second half is what settles most move-out disputes. Three separate causes are excused, and they overlap: the simple passage of time, ordinary use, and causes nobody could avoid. A tenant is not an insurer of the property's condition, and rent is paid precisely for the use that produces this kind of deterioration.
Where the line usually falls
Faded paint, a floor worn along the path everyone walks, tired hinges, grouting that has darkened, a sun-bleached curtain rail: these are the lapse of time and ordinary use doing their work. A cracked pane, a burnt worktop, a wall drilled through for a mount, a door kicked in, damage from a pet or from an overflowing washing machine are not. The useful question is whether the item was consumed by being used normally for the length of the tenancy, or was damaged by a particular incident or by use the lease did not contemplate.
The condition you received it in
Because the standard is the condition at the start, the entry record decides the argument. Article 1666 provides that in the absence of a statement concerning the condition of the thing at the time the lease was constituted, the law presumes that the lessee received it in good condition, unless there is proof to the contrary. That presumption runs against a tenant who moved into a tired unit and signed nothing about it. So an inventory and dated photographs taken on the day you took possession, acknowledged by the landlord, are worth more at the end of a tenancy than any argument made later.
Deposits and what is properly deducted
A security deposit does not change the substantive rule; it only changes who is holding the money while the dispute runs. Deductions have to answer to Article 1665, so ask for the charges itemised, with the repair quotations and photographs behind them, rather than accepting a single lump figure. Note too that Article 1657 requires the lessee to use the thing as a diligent father of a family and to devote it to the stipulated use, so damage traceable to a use the lease never permitted is charged to the tenant whatever it looks like.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Agustin P. Dela Torre vs. The Hon. Court of Appeals, et al./Philippine Trigon Shipyard Corporation, et al. vs. Crisostomo G. Concepcion, et al, G.R. No. 160088 / G.R. No. 160565, July 13, 2011 — read the decision on LawPhil →
- University Physicians Services, Inc. vs. Marian Clinics, Inc. and Dr. Lourdes Mabanta, G.R. No. 152303, September 1, 2010 — read the decision on LawPhil →
Related provisions
- Civil Code, Article 1665 — Return of the Thing Leased
- Civil Code, Article 1666 — Presumption of Good Condition
- Civil Code, Article 1657 — Obligations of the Lessee
- Civil Code, Article 1667 — Lessee's Liability for Loss/Deterioration