The Short Answer

In Florida, receiving mail at an inherited home does not automatically create “tenant rights,” but a family member who is allowed to live there can still be treated as a tenant-at-will or holdover occupant depending on the facts. If the property is part of an open probate estate, the personal representative typically has authority to demand possession and, if necessary, pursue a court action to remove the occupant.

What Florida Law Says

Two bodies of Florida law commonly intersect in this situation: (1) Florida’s landlord-tenant removal statutes (Chapter 83), and (2) Florida probate law governing who has the right to control estate property during administration (Chapter 733). Which path applies can turn on whether there is an actual rental arrangement (even informal), whether any rent was paid/accepted, whether the home is protected homestead, and whether probate is open with a court-appointed personal representative.

If probate is open, Florida law generally gives the personal representative the right to take possession or control of the decedent’s property (with important homestead limits) and to bring actions to recover possession when needed for administration.

The Statute

The primary law governing estate control and possession issues is Fla. Stat. § 733.607.

This statute establishes that (except as otherwise provided and with homestead carve-outs) the personal representative has the right to take possession or control of the decedent’s property as needed for administration and may maintain an action to recover possession of property.

On the landlord-tenant side, Florida also authorizes removal of a tenant “at will or sufferance” in specified circumstances, including holding over without permission after the right to occupy has ended. See Fla. Stat. § 83.20.

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying them to a family-member-in-an-inherited-home dispute is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If the occupant is treated as a tenancy without a specific term, Florida law requires written termination notice periods that vary by the rental period (for example, month-to-month). See Fla. Stat. § 83.57. If it is a non-residential tenancy at will, different notice rules may apply. See Fla. Stat. § 83.03.
• Burden of Proof: You may need to prove who has legal authority to demand possession (personal representative vs. heir vs. trustee), what permission was given, whether rent or “rent-like” payments were accepted, and whether the occupant is a beneficiary with a competing claim to possession.
• Exceptions: Probate and homestead issues can change everything. For example, the personal representative’s rights differ when the property is protected homestead, and the court may need to determine homestead status before certain actions are taken.

Trying to handle this alone can backfire—especially if you use the wrong notice, accept money that could be characterized as rent, or file the wrong type of case (eviction vs. another civil action). An attorney can evaluate whether probate authority under Chapter 733, a Chapter 83 removal, or another remedy is the best fit for your facts.

Related reading: Can a Florida executor remove a sibling who won’t move out of an inherited home?

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.