Short answer. When a usufruct ends, the usufructuary must deliver the thing to the owner. The usufructuary may retain it only to secure reimbursement for taxes and extraordinary expenses that the owner has not yet repaid. Once delivery is made, any security or mortgage given at the start of the usufruct is cancelled.
What the law says
Upon the termination of the usufruct, the thing in usufruct shall be delivered to the owner, without prejudice to the right of retention pertaining to the usufructuary or his heirs for taxes and extraordinary expenses which should be reimbursed. After the delivery has been made, the security or mortgage shall be cancelled.
Civil Code, Article 612 — Return of the Thing and Cancellation of Security When Usufruct Ends. Read the full provision →
The primary obligation: return the property
Article 612 of the Civil Code sets the baseline rule for the end of every usufruct: the thing must be delivered to the owner. A usufruct is a limited real right — the usufructuary has the right to use and enjoy the property and collect its fruits, but does not own it. When the usufruct terminates, whether by expiry of the term, the usufructuary's death, or any other cause, the right of use and enjoyment ends and with it the legal basis for holding the property. The owner is entitled to have it back without further negotiation.
The right of retention for unreimbursed expenses
Article 612 carves out one exception to the obligation of immediate return: the usufructuary — or the usufructuary's heirs — may retain the property until reimbursed for taxes and extraordinary expenses that the owner owes but has not yet paid. The right of retention is a legal remedy that lets the holder keep possession as leverage for payment; it is not a right to continue using the property indefinitely or to collect rent during the retention period. The retention applies only to charges for which the owner is legally responsible, not to every cost the usufructuary has incurred.
What qualifies as extraordinary expenses
Ordinary repairs and maintenance are generally the usufructuary's responsibility during the usufruct; extraordinary expenses — those for major works that preserve the property's substance and are not caused by the usufructuary's neglect — fall on the owner. If the owner did not reimburse the usufructuary for legitimate extraordinary expenses during the usufruct, those unpaid amounts support the right of retention under Article 612. The same logic applies to taxes that are properly charged to the owner rather than to the usufructuary. Disputes about which party bears which expenses are resolved under the other usufruct provisions of the Civil Code.
Cancellation of security or mortgage after delivery
At the beginning of a usufruct, the owner typically requires the usufructuary to post a security bond or mortgage to guarantee that the property will be properly cared for and returned in the condition required. Article 612 provides that once the usufructuary has delivered the property, that security or mortgage must be cancelled. The security's purpose was to protect the owner against the risk of damage or non-return during the usufruct; once delivery happens, that risk ends and the encumbrance has no further justification. The usufructuary or heirs are entitled to the release of the security as a matter of right.