Short answer. Yes — that is actually the legal presumption. Article 1666 of the Civil Code provides that when nothing is stated about the property's condition at the start of the lease, the law presumes you received it in good condition. But this presumption can be defeated by proof to the contrary.
What the law says
In the absence of a statement concerning the condition of the thing at the time the lease was constituted, the law presumes that the lessee received it in good condition, unless there is proof to the contrary.
Civil Code, Article 1666 — Presumption of Good Condition. Read the full provision →
The legal presumption works against you
Article 1666 of the Civil Code is one of the most practically important rules in lease law. When the lease began without any written record of the property's condition — no checklist, no inventory, no notation in the contract — the law fills the gap with a presumption: the lessee received the property in good condition. This presumption is what gives the landlord the right to claim, at the end of the lease, that any damage must have occurred during your tenancy. The absence of a move-in document is the landlord's ally, not yours.
The presumption can be rebutted
Article 1666 does not make the presumption absolute. The law specifically states it applies unless there is proof to the contrary. If you can show that the property was already in poor condition when you moved in, you can rebut the presumption. This proof can come from photographs, text messages to the landlord about existing damage, repair requests made early in the tenancy, witness statements from people who saw the property's condition when you arrived, or any other evidence that predates any dispute. The more contemporaneous the evidence — taken on or near the day you moved in — the stronger it is.
Why documenting the move-in condition matters
The practical lesson from Article 1666 is that tenants should always document the condition of a leased property before or at the moment of moving in. A dated photo set, a written note to the landlord identifying pre-existing damage, or a signed checklist handed to the landlord at the start of the lease are all powerful counter-evidence. Even if the landlord did not offer a formal inspection, you can conduct your own and communicate the results in writing. Whatever evidence you failed to collect then must now be assembled from other sources.
If a dispute arises at the end of your lease
If your landlord is now claiming that damage existed before you arrived — or if you are trying to prove that certain damage is pre-existing — gather every piece of evidence available. Former tenants of the same unit, early repair requests in writing, photos taken before you moved your furniture in, and receipts for any cleaning or repairs you paid for at the start are all potentially useful. The goal is to put together a picture of the property's condition on the day you arrived that contradicts the landlord's account. A lawyer can advise on how to present this in any dispute resolution process.