My landlord won't return my security deposit — what are my rights?
Last updated: 2026-07-11 · Educational content; not legal advice.
Short answer
Under Section 7 of the Rent Control Act (RA 9653), for covered units a lessor cannot demand more than one month advance rent, nor more than two months deposit, and that deposit must be kept in a bank under the lessor's account for the duration of the lease. The deposit is meant to answer for unpaid utilities and repairs of damage beyond normal wear and tear at the end of the lease — it is not automatically forfeited. If the landlord withholds it without a valid, itemized reason, demand it in writing; unresolved deposit disputes over amounts at or below ₱1,000,000 can be pursued in small claims court without a lawyer.
Primary sources
Frequently asked
How much deposit and advance can a landlord legally require?
For covered units under RA 9653 §7, no more than one month advance rent and no more than two months deposit. The deposit must be kept in a bank under the lessor's account name for the entire lease.
Can the landlord keep my deposit for damage?
The deposit can be applied to unpaid rent, unpaid utilities, and repair of damage beyond ordinary wear and tear. Ordinary wear and tear from normal use is not a valid reason to forfeit it. Ask for an itemized accounting of any deductions.
What if they still refuse to return it?
Send a written demand with your move-out date, forwarding address, and the amount owed. If they still refuse and the amount is ₱1,000,000 or below, you can file in small claims court without a lawyer under A.M. No. 08-8-7-SC.
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Your rights as a home buyer or renter — the Maceda Law (RA 6552) refund and cash-surrender-value rules when you stop paying a house or condo on installment, the grace period before a developer can cancel, PD 957 remedies when a developer won't deliver your unit, title, or promised amenities, how to file against a developer at DHSUD / the HSAC, and the Rent Control Act (RA 9653) limits on deposits, rent increases, and eviction.