Short answer. Yes. Article 1653 makes the Civil Code's warranty rules on sales applicable to leases as well. Your landlord owes the same kind of warranty a seller owes a buyer, and if you are entitled to a refund of what you paid, it is reduced in proportion to the time you already enjoyed the property.

What the law says

The provisions governing warranty, contained in the Title on Sales, shall be applicable to the contract of lease.

Civil Code, Article 1653 — Warranty in Lease. Read the full provision →

What the law says

In the cases where the return of the price is required, reduction shall be made in proportion to the time during which the lessee enjoyed the thing.

Civil Code, Article 1653 — Warranty in Lease. Read the full provision →

Sales warranties are borrowed for leases

Article 1653 does not write out a separate warranty regime for leases. Instead, it borrows one wholesale: The provisions governing warranty, contained in the Title on Sales, shall be applicable to the contract of lease. This means the same protections a buyer has against a seller for hidden defects and other warranty issues, drawn from the rules on sales elsewhere in the Civil Code, extend to you as a lessee against your landlord. The law treats leasing someone property as carrying similar obligations to selling it, at least where warranty is concerned.

The refund is scaled to how long you used the property

Because a lease, unlike a sale, involves ongoing use over time rather than a single transfer, Article 1653 adjusts how any refund works: In the cases where the return of the price is required, reduction shall be made in proportion to the time during which the lessee enjoyed the thing. If you already occupied and used the property for part of the lease term before a defect justified ending the arrangement or reducing what you owe, you cannot get back the entire rent paid; the amount is reduced to account for the period you actually had use of the property.

What kind of defects this can cover

Borrowing the sales warranty rules generally means a landlord can be answerable for defects in the leased property that were not apparent when the lease began and that impair its use for the purpose it was leased for, in much the same way a seller answers for hidden defects in a thing sold. The specific warranty concepts under the Title on Sales, such as warranty against hidden defects, are the framework a lessee can point to when the property turns out to be unfit in ways that were not disclosed.

What this means for a tenant facing a defect

If you discover a serious, undisclosed defect in a leased property, you are not limited to whatever remedies your specific lease contract happens to spell out. Article 1653 gives you a basis, drawn from the sales warranty rules, to seek a remedy from your landlord similar to what a buyer could seek from a seller, keeping in mind that any refund of rent already paid will be scaled down to reflect the time you were able to use the property before the defect became an issue.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.