1. Viewing: bait listings, show units and "that one just got taken"
Photos are usually real. The unit you end up renting often is not. Three patterns:
- Bait pricing. A listing well below the going rate for that building. You enquire, it is "just taken", and you get walked to something worse at a normal price
- Show-unit photos. The furniture in the pictures belongs to the developer's model unit or the previous tenant. Ask directly whether the furniture and appliances convey, and get the inventory attached to the lease
- Reservation fees before you have seen anything. Money transferred before you have viewed the actual unit and seen title documents is money you will almost certainly not recover
Do this instead:
- Inspect the exact unit you will occupy, not another unit of the same layout. Photograph the door number
- Visit twice — once in daylight, once in the evening. Noise, lift waiting times and traffic only show up at rush hour
- Run every tap, flush every toilet, run every aircon for five minutes, test every light, and check mobile signal and internet speed inside the unit
- Ask building security three questions: any leaks on this floor recently, does the backup generator power the units or only common areas, and what is water pressure like at peak hours. Security guards are usually more candid than agents
2. Verify who actually has the right to lease it to you — owner, agent or sublease
This is the step foreigners skip and regret. Ask for one of the following, and photograph it:
- Owner in person: the title (a Condominium Certificate of Title for a condo unit, a Transfer Certificate of Title for house and lot) plus government ID in the same name
- An agent or relative: the title plus a Special Power of Attorney signed by the owner. If the owner is abroad, the SPA should be consularised or apostilled. "I manage it for a friend" is not authority
- A sublessor: the head lease showing that subleasing is expressly permitted, or the owner's separate written consent. Most head leases prohibit it — and if the owner finds out, you are the one who leaves while your deposit stays with the sublessor
Two free checks that filter out most problem units: ask the building administration who the registered owner is and whether association dues are in arrears, and look at the title for annotations such as a mortgage. If the other side gets impatient when you ask to see title documents, that is your answer.
3. What to check before signing a lease: the clauses that matter and how you pay
Philippine residential leases are template documents drafted in the landlord's favour. The question is not whether to sign but what to add. Insist on:
- A stated number of days for deposit return after turnover of keys, and what happens if that deadline passes
- A closed list of permitted deductions, plus an express line that normal wear and tear is not deductible
- A move-in inventory and condition checklist annexed to the lease, walked and signed by both parties on day one, with photos
- Who pays what: electricity, water, internet, association or condo dues, parking — itemised. Dues are customarily the owner's cost, but only the lease governs
- Repair responsibility and a response deadline for the landlord on structural issues and pre-existing appliances
- Pre-termination terms: whether you may leave early, the notice required, and the exact consequence. Silence here is routinely read as forfeiture of the deposit
- Renewal and increase mechanics. The Rent Control Act covers only lower-rent housing and its coverage and extensions change — check the current official position; mid- and upper-tier condos leased to expatriates are typically outside it
Notarising the lease is not legally required but is inexpensive and makes the document far easier to rely on in a dispute.
On payment: pay only the person named on the title or an attorney-in-fact expressly authorised to collect, and get a signed receipt for every payment stating amount, purpose and date. And know this before you agree to it — landlords often ask for a stack of post-dated cheques. In the Philippines a bounced cheque falls under BP 22 and is a criminal matter, not a simple civil default. If your circumstances might change, push for bank transfer.
Post-dated cheques and payee names, with nobody reading the lease first? → accompanied viewings and lease review
4. Security deposit not returned? Three payments, and the line that gets blurred
Expect to pay several months up front as a combination of security deposit and advance rent — the number of months varies with the property tier and the market at the time. The amount is not the real risk; the blurred line between the two is. The lease must separate:
- Security deposit — refundable, deductible only per the agreed list
- Advance rent — already rent; state exactly which months it offsets
- Reservation fee — state whether it is credited on signing and refundable if the landlord backs out
On move-in day, photograph and video every room corner, every appliance, and the water and electricity meter readings, and store it in the cloud. Combined with the signed checklist, this is what makes a deposit claim hard to resist.
Three further habits raise the odds of getting the money back. Write into the lease whether the deposit may be applied to the final month's rent — this is the single most common argument at move-out, and one sentence settles it. Pay rent on time and keep every receipt, because a single late month will be raised against you later. And state the return deadline in days, together with the account the balance is paid into, so "we will send it soon" has an expiry date attached.
6. Move-out: the four standard excuses, and how to enforce
The excuses are predictable: repainting and refinishing charged to you; an unvouched "cleaning fee"; "we are waiting for the final utility bill" stretched indefinitely; or simply going quiet.
The move-out sequence that defeats all four:
- Serve written notice within the contractual notice period and keep proof of delivery
- Do the final inspection together, checklist in hand, photographing everything and recording final meter readings
- Sign a turnover or clearance document on the spot listing agreed deductions, the balance due and the date it will be paid
- Settle utilities before you go, or agree in writing on a retained amount and a deadline for returning the remainder
- Get the building's move-out clearance and gate pass — without it, security will not let your belongings out
If the money still does not come: send a formal demand letter; then file for mediation at the Barangay where the property is located, which is generally a prerequisite for court in small civil disputes and costs very little; if mediation fails you can pursue small claims, a procedure designed for money claims where lawyers are not required and the ceiling is set by the Supreme Court's current rules. If cost is an obstacle, PAO can advise whether you qualify for free legal assistance.
For your specific situation, consult a Philippine lawyer; this article is not legal advice.
Everything above comes down to the two hours before you sign. If you are still overseas, or you simply want a second pair of eyes on a listing and an English lease before money moves, have Yixing review the property and the lease terms with you.
Frequently Asked Questions
How many months of deposit and advance rent are normal in the Philippines?
The person showing the unit says he manages it for the owner. Is that enough?
Can the landlord deduct repainting from my deposit?
Is it risky to issue post-dated cheques for rent?
Who pays the condo association dues?
What can I actually do if the deposit is not returned?
Are rental scams common in Manila, and what are the practical tips before signing a condo lease?
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