Question: Is the former tenant responsible for the repainting costs of the entire unit, and can it be deducted from the security deposit if it is not stipulated in the lease agreement?

In the Philippines, a security deposit is a common requirement in residential lease agreements, typically held by the lessor to cover potential damages to the property or unpaid rent. However, issues arise when landlords deduct costs from the security deposit for repairs or maintenance tasks, such as repainting, especially when these costs are not explicitly mentioned in the lease agreement.

Legal Basis and Practices

Under Philippine law, the Civil Code governs lease agreements, including the handling of security deposits. The key principle here is that the tenant is responsible for returning the property in the same condition as it was received, except for normal wear and tear. Normal wear and tear refer to the natural deterioration that occurs over time with regular use, such as fading paint, minor scuffs, and so on.

Repainting, therefore, falls into a gray area. If the need for repainting arises from normal wear and tear, the tenant typically should not bear the cost. However, if the repainting is necessary due to damage beyond normal wear and tear—such as significant stains, graffiti, or any intentional damage—the tenant may be held responsible.

Lease Agreement Provisions

The lease agreement is the most critical document in determining the responsibilities of both parties. If the lease specifically states that the tenant must bear the cost of repainting upon termination of the lease, then this obligation is clear. However, in the absence of such a stipulation, the landlord generally cannot unilaterally impose this cost on the tenant and deduct it from the security deposit.

Normal Wear and Tear vs. Damage

Landlords and tenants should differentiate between normal wear and tear and actual damage. For example:

Normal Wear and Tear: Faded or chipped paint, minor scuffs on walls, or slight discoloration due to time.
Damage: Large holes in the walls, stains, or any deliberate alterations that require repainting.

If the repainting is required due to damages that exceed normal wear and tear, the cost can be justifiably deducted from the security deposit. However, if it is purely for aesthetic reasons or due to the passage of time, the cost should not be charged to the tenant.

Conclusion

In summary, unless the lease agreement specifically states that the tenant is responsible for the repainting costs upon vacating the unit, or the repainting is necessitated by damages beyond normal wear and tear, the landlord cannot rightfully deduct this cost from the security deposit. It is always advisable for both landlords and tenants to clearly define such responsibilities in the lease agreement to avoid disputes.