Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.
"The two months’ advance is not refundable"
high likelihoodThe landlord treats the advance rent as a non-refundable payment, or blurs the advance and the deposit so that neither is returned.
What answers it
They are different things. Advance rent is rent, paid ahead, and is applied to the months it covers — if you did not stay those months it is credited or returned. The deposit is security and comes back less what is actually owed. Where the Rent Control Act applies, the advance is capped at one month and the deposit at two. Ask for a written statement showing which payment was which and what each was applied to.
Republic Act No. 9653, s. 7 — s. 7 (advance rent of not more than one month and deposit of not more than two months); s. 4 (coverage by monthly rent ceiling)
"The contract says the deposit is forfeited if you leave early"
high likelihoodThe lessor relies on a clause forfeiting the whole deposit on early termination, regardless of any actual loss.
What answers it
A forfeiture clause is a penalty, and Philippine courts may reduce an iniquitous or unconscionable penalty. The lessor should be asked to show what they actually lost — for example, how long the unit stood empty — rather than simply keeping the whole sum. Where the Rent Control Act applies, a stipulation contrary to s. 7 is void outright.
Republic Act No. 9653, s. 7 — s. 7 (advance rent of not more than one month and deposit of not more than two months); s. 4 (coverage by monthly rent ceiling)
"We are still working out the costs"
high likelihoodThe landlord holds the whole deposit indefinitely while quotes, invoices or utility bills are said to be pending.
What answers it
The statutory return period exists precisely so the landlord can obtain quotes and final bills inside it. It does not restart because they left it late, and it does not licence holding the whole deposit against one unquantified item. Ask them to return everything not genuinely in issue now, and to quantify the rest by a stated date.
"The property needed cleaning and redecorating"
high likelihoodThe landlord charges for cleaning, carpet wear, scuffed paint or tired fittings and treats the deposit as a refurbishment fund.
What answers it
Fair wear and tear from ordinary use is not a recoverable loss in any of the regimes this product covers — a deduction must reflect damage or a breach beyond ordinary use, must be evidenced, and must be reduced for the age and remaining life of the item. Ask for the invoice, the check-in and check-out evidence, and the calculation.
"Prove you did not cause it"
high likelihoodThe landlord asserts damage and expects the tenant to disprove it, often without a check-in inventory.
What answers it
It is the party seeking to keep the money who must justify keeping it. Where there is no dated check-in record to compare against, an adjudicator has nothing to measure the alleged damage from, and the deduction generally fails on that ground alone.