Let's say that "Mom" dies and leaves the lifetime usufruct of her home to her husband ("Step-Dad") because Mom wants to make sure that her husband has a roof over his head for the rest of his lifetime. After Mom dies, Step-Dad decides he wants to move into another home, and he wants to lease Mom's home so he can get some good rental income for his lifetiime. As usufructuary, can he rent out Mom's home and keep all of the rental income? Good question.
Yes, he can lease, alienate or encumber his usufruct. However, all contacts cease when he dies. So, let's say Step-Dad leases Mom's house for three years. Six months after Step-Dad and the tenant sign the lease, Step-Dad dies. The lease terminates and Mom's children own the house outright. They can evict the tenant even though the tenant has a three year lease.
Also, Step-Dad needs to know that he is responsible for the abuse that his tenant makes of the property.
Paul Rabalais
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