Short answer. Yes. Under Article 590, a usufructuary who alienates or leases the right of usufruct remains personally responsible for any damage the property suffers through the fault or negligence of the person who replaces them. The transfer of possession does not transfer accountability to the property owner.
What the law says
A usufructuary who alienates or leases his right of usufruct shall answer for any damage which the things in usufruct may suffer through the fault or negligence of the person who substitutes him.
Civil Code, Article 590 — Liability for a Transferee's Fault. Read the full provision →
Transferring the usufruct does not transfer liability
A usufructuary is allowed to transfer or lease the right of usufruct to another person — this is one of the recognized features of usufruct. But Article 590 makes clear that when a usufructuary does this, they do not escape their obligations to the owner. If the substitute — the tenant or new holder of the usufruct — causes damage through their fault or negligence, the original usufructuary remains liable for that damage. The owner does not have to chase the substitute; they can hold the original usufructuary responsible.
Why the law places responsibility on the original usufructuary
The usufructuary chose who would take over their position. They had the ability to select a careful, responsible substitute and to impose appropriate conditions on the transfer. Because the original usufructuary brought this substitute into the picture, it is fair that they bear the risk of that person's fault. The owner of the property — who had no say in who the substitute would be — is protected from the consequences of the usufructuary's choice of transferee.
What kinds of damage are covered
The article covers damage arising from the fault or negligence of the substitute. This means active acts that harm the property — breaking something, making unauthorized alterations, failing to maintain the property in proper condition — and negligent omissions that result in deterioration. Damage caused by circumstances entirely beyond anyone's control — a storm, an earthquake — would not be attributable to fault or negligence and would not trigger Article 590. The liability is tied to the conduct of the substitute, not to every loss the property might suffer.
Protecting yourself if you are the original usufructuary
If you have transferred or leased your usufruct to another party, take steps to minimize your exposure. Put the arrangement in writing, clearly describing the condition of the property at the time of transfer and obligating the substitute to maintain it properly. Conduct periodic inspections if the arrangement allows. Include a clause requiring the substitute to compensate you for any liability you incur toward the owner because of the substitute's fault. If the owner is now claiming against you for damage caused by your tenant, consult a lawyer immediately — you may have a right of recourse against the substitute who actually caused the harm.