Short answer. No — misuse does not automatically end the usufruct. Article 610 of the Civil Code provides that a usufruct is not extinguished by bad use of the thing in usufruct. However, if the abuse causes considerable injury to the owner, the owner may demand possession and pay the usufructuary the net proceeds instead.
What the law says
A usufruct is not extinguished by bad use of the thing in usufruct; but if the abuse should cause considerable injury to the owner, the latter may demand that the thing be delivered to him, binding himself to pay annually to the usufructuary the net proceeds of the same, after deducting the expenses and the compensation which may be allowed him for its administration.
Civil Code, Article 610 — Abuse Does Not Automatically End It. Read the full provision →
Misuse does not automatically terminate the usufruct
If you hold a usufruct over property and you use it poorly — perhaps you neglect maintenance, allow the property to fall into disrepair, or use it in ways not originally contemplated — the usufruct does not simply end. Article 610 is explicit: bad use of usufruct property is not a ground for automatic extinguishment. The usufructuary retains the right to use and enjoy the property until the usufruct period ends or another legally recognized cause for extinguishment applies. Misuse alone, without more, does not forfeit the usufruct.
The owner's remedy when abuse causes considerable injury
That said, the owner is not without recourse. If the usufructuary's misuse rises to the level of considerable injury to the owner, the law provides a remedy: the owner may demand that the thing be delivered to them. This is not extinguishment in the traditional sense. The usufructuary does not lose all rights. Instead, the owner takes physical possession and administers the property, but they are obligated to pay the usufructuary the net proceeds annually — after deducting expenses and any management compensation. The usufructuary effectively trades possession for an income stream.
What counts as considerable injury
Article 610 does not define "considerable injury" in precise terms. Whether the abuse has crossed that threshold is a factual question. Minor neglect or poor maintenance decisions are unlikely to qualify. Active destruction of the property, stripping it of valuable components, or using it for purposes that fundamentally undermine its value are the kinds of conduct most likely to meet the standard. The owner who wants to invoke this remedy would need to show that the damage is real, significant, and attributable to the usufructuary's actions or inactions.
What this means if you are the property owner
If you granted a usufruct and you believe the usufructuary is damaging the property, you cannot simply demand return of possession or declare the usufruct ended on your own. You would need to establish that the abuse is causing considerable injury. The better path in serious cases is to seek proper legal assistance and bring the matter before a court if the usufructuary refuses to cooperate. Documenting the condition of the property at the start of the usufruct and at intervals afterward is important evidence if a dispute arises.