The Short Answer

Yes—if the occupants truly have no lease and no ownership rights, Florida law provides ways to remove them, but the correct remedy depends on whether this is a residential dwelling, a commercial property, and whether there is any arguable landlord-tenant relationship. In a probate situation, the personal representative may also have authority to take control of estate property and pursue removal, but using the wrong process can trigger delays and potential liability.

What Florida Law Says

Florida has different legal pathways for removing people from property. If there is a valid rental agreement (even an oral one), the matter often looks like a landlord-tenant eviction. If there is no lease and the occupants are simply refusing to leave, the issue may be ejectment (a lawsuit to recover possession based on a superior right to possession). Florida also created a newer, limited sheriff-assisted process to remove unauthorized persons from certain properties when strict conditions are met.

The Statute

The primary law that often applies when someone is occupying property without a valid lease is Florida’s ejectment statute, Fla. Stat. § 66.021.

This statute establishes that a person with a superior right to possession may maintain an action to recover possession of real property (and ejectment is handled in circuit court).

Because you flagged this as a probate-related issue, it is also important that Florida law gives the personal representative authority to take possession/control of the decedent’s property (with important homestead exceptions) and to bring actions to recover possession or determine title. See Fla. Stat. § 733.607.

In some situations involving a residential dwelling, Florida also provides a limited alternative remedy to request sheriff removal of unauthorized persons when specific statutory conditions are satisfied. See Fla. Stat. § 82.036.

Why You Should Speak with an Attorney

Even when someone appears to have “no lease and no title,” removing occupants who are actively remodeling can get complicated fast—especially if the property is part of an estate. Legal outcomes often depend on:

• Choosing the correct remedy: The facts may point to ejectment (superior right to possession), a landlord-tenant eviction, or the limited sheriff-removal process for unauthorized occupants. Using the wrong route can cause dismissal and lost time.
• Burden of proof and paperwork: In ejectment, Florida requires detailed chain-of-title allegations and supporting instruments. See Fla. Stat. § 66.021(7). In probate, you may also need to show the personal representative’s authority under § 733.607.
• Risk of wrongful removal claims: The sheriff-removal process for unauthorized occupants carries potential civil exposure if used improperly, including damages and attorney’s fees. See Fla. Stat. § 82.036(6).

When occupants are making changes to the property, there can also be disputes about permission, reimbursement, alleged agreements with heirs, or claims that they are tenants. An attorney can quickly assess which legal theory fits your facts and push for possession while minimizing blowback.

If this is an inherited home scenario, you may also find helpful context here: removing someone from an inherited home in Florida.

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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.