The Short Answer

In Florida, a life tenant generally has the right to occupy and use the property during their lifetime, and the remainderman (the person who takes after the life estate ends) typically cannot force the life tenant out simply because they are living there. However, you may have enforceable rights if the life tenant is not paying the expenses the law assigns to them, is damaging the property (waste), or if the deed/estate planning document sets different rules.

What Florida Law Says

Florida law recognizes that a life tenant’s interest is a present right to use the property, while the remainderman’s interest is a future right that becomes possessory when the life estate ends. Even though you may be a co-owner in the broad sense, your rights during the life tenancy are usually limited to protecting your future interest—especially by ensuring the property is preserved and that expenses are properly allocated.

The Statute

The primary law governing this issue is Fla. Stat. § 738.508.

This statute establishes how certain property expenses are apportioned between a life tenant and a remainderman—generally placing ordinary expenses (like regularly recurring property taxes, ordinary repairs, and recurring insurance premiums) on the life tenant, while allocating items like principal on secured debt and extraordinary repairs to the remainderman (unless an instrument or agreement says otherwise).

For deeper background on how life estates work in practice, see: Can a Life Tenant Sell or Mortgage a Florida Property Without the Remainderman’s Consent? and Can a Remainder Beneficiary Sell a Property After a Life Estate Ends in Florida?.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If the life estate arose through an estate administration or trust administration, there can be time-sensitive court and notice requirements that affect what remedies are realistically available and when.
• Burden of Proof: If your concern is property damage, neglect, or “waste,” you typically need clear evidence (photos, contractor opinions, insurance records, tax/HOA payment history) showing the condition and who failed to pay or maintain.
• Exceptions: The deed, will, trust, or a written agreement can override default rules (including who pays which expenses). Also, disputes often overlap with homestead, creditor issues, or family conflicts—each of which can change strategy and leverage.

Trying to handle this alone can lead to costly missteps—especially if you demand rent improperly, interfere with occupancy rights, or miss the best opportunity to enforce expense reimbursement or protect the property’s value.

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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.