Short answer. Yes. Article 1654 of the Civil Code obliges the lessor to deliver the thing in such a condition as to render it fit for the use intended. The landlord must also make necessary repairs during the lease and keep the tenant in peaceful enjoyment of the property.

What the law says

To deliver the thing which is the object of the contract in such a condition as to render it fit for the use intended

Civil Code, Article 1654 — Obligations of the Lessor. Read the full provision →

The landlord's three core duties

Article 1654 spells out what a lessor owes. He is obliged (1) To deliver the thing which is the object of the contract in such a condition as to render it fit for the use intended; (2) To make on the same during the lease all the necessary repairs in order to keep it suitable for the use to which it has been devoted, unless there is a stipulation to the contrary; (3) To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract. Delivery in a fit condition is the first of these, and it goes to the very start of the tenancy.

'Fit for the use intended'

The first duty is measured by the use intended for the property. A unit leased as a dwelling must be delivered in a state that lets you live in it; premises leased for a particular purpose must be fit for that purpose. It is not enough to hand over the keys to something unusable for what both parties understood it was for. This ties the landlord's obligation to the actual object of the lease rather than to a bare, formal turnover.

Repairs, enjoyment, and the limits

The duties do not end at delivery. The lessor must make the necessary repairs during the lease to keep the property suitable — unless the parties validly stipulated otherwise — and must maintain the tenant in peaceful and adequate enjoyment throughout the term. The article fixes these obligations on the lessor; it does not by itself excuse a tenant's own duties or cover damage the tenant causes. If a unit was delivered unfit, or needed repairs are ignored, keep records and communicate the problem in writing, since the lessor's obligations under this article are what your claim would rest on.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

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.