Short answer. No. Article 1661 of the Civil Code expressly prohibits a lessor from altering the form of the leased property in a way that impairs the use to which it is devoted under the lease. Your landlord's right to renovate stops where it starts to impair your contractual right to use the premises.

What the law says

The lessor cannot alter the form of the thing leased in such a way as to impair the use to which the thing is devoted under the terms of the lease.

Civil Code, Article 1661 — Lessor Cannot Alter the Thing. Read the full provision →

The rule against impairing alterations

Article 1661 of the Civil Code is a direct limitation on the lessor's power over the leased property during the term of the lease: "The lessor cannot alter the form of the thing leased in such a way as to impair the use to which the thing is devoted under the terms of the lease." The key test is impairment of use — not whether the landlord has good reasons for the renovation, not whether the renovation improves the property's long-term value, but whether the lessee's actual use under the contract is harmed by the change.

What alterations are permitted

Not every renovation falls under this prohibition. A landlord may carry out work that does not impair the lessee's use — for instance, repairs to shared areas, improvements to the exterior, or work on other units in the same building. The prohibition is specifically aimed at alterations to the leased thing itself that damage or reduce the lessee's ability to use it as the contract intends. A structural change that makes half the unit uninhabitable clearly impairs use; cosmetic work in common areas generally does not.

What the lessee can do

If the landlord proceeds with alterations that impair your use of the property in violation of Article 1661, you have the right to resist that alteration. You can demand that the landlord cease the work, you can document the impairment, and if the landlord continues in breach of this obligation, you may have grounds to seek damages or to treat the contract as breached. The lessor's duty to maintain peaceful and adequate enjoyment — addressed in another article — works alongside this prohibition to protect the lessee's position throughout the lease term.

The use defined by the lease controls

The benchmark for "impairment" is the use to which the property is devoted under the terms of the lease. If your lease specifies that the premises are rented as a residential unit, alterations that make it unsuitable for residential use are clearly prohibited. If the lease specifies commercial use, alterations that interfere with your business operations are the issue. Reviewing the specific use terms in your lease is the starting point for assessing whether a proposed renovation crosses the line Article 1661 draws.

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.