My duties as usufructuary

My duties as usufructuary

"I'm the usufructuary of a house that I've rented out. The tenant is demanding that I pay for repairs to the balcony and the installation of a fire door, as required by the authorities. Can he demand this?

Mireille, Chêne-Bourg

Usufruct is an easement whereby the owner of a property grants the usufructuary full rights of use over the property, but retains ownership of the property and the right to object to any act of use that is unlawful or not in accordance with the nature of the property. When the usufruct relates to a property, it must be concluded before a notary and then entered in the Land Register. Once this has been done, the usufructuary may use and manage the property as he sees fit, while observing the rules of good administration. By default, the usufructuary is responsible for the running costs of the property, interest on any mortgage on the property and taxes, all in proportion to the duration of the usufruct. He must also ensure that the substance of the building is preserved, and must therefore assume responsibility for ordinary maintenance work required by normal use of the building, such as replacing broken windows or repairing locks. If more extensive work is required, such as replacing the roof timbers, roof or floor, he must notify the bare owner, who will then pay for the work. However, the parties are free to agree on another method of apportioning the costs when the property is formed.

With the exception of usufruct in favour of the surviving spouse, the usufructuary of a property is free to transfer the exercise of his or her right to a third party by means of a lease agreement. This is similar to subletting. The usufructuary is bound by a lease agreement with the tenant, but there is no contractual relationship between the bare owner and the tenant. The rules governing the allocation of costs under a lease are similar to those for usufruct. You are responsible for major works, while the tenant is responsible for routine maintenance.

On the basis of the tenancy agreement, the tenant can therefore demand that you pay for repairs to the balcony and the installation of a fire door, provided that these are not repairs required as part of the normal use of the building. In turn, you can try to claim reimbursement from the bare-owner, who may try to argue that the repairs to the balcony are part of the routine maintenance for which you are responsible; as for the door, you should be aware that the law allows him to ask you to advance the funds to pay for it free of charge.