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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31765
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am the remainderman on a life-estate in Orange County,

Customer Question

I am the remainderman on a life-estate in Orange County, Florida. Without my knowledge, the life-tenant was apparently sub-leasing the condo to someone else. The life-tenant recently passed away, and now I have an unwanted tenant living in the unit. Is their lease even valid? I would like to move into the condo myself, but I am not sure (legally) what I can/should do at this point? Am I able to evict them? I believe there is also a property management company involved, how should I approach them with the situation?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.

The life tenant leasing to the tenant is likely legal as the life tenant can lease his/her interest in the property.

However, now that the life tenancy has ended, as a result of the life tenant's death, the lease would be cancelable by the remainderman.

Expert:  Roger replied 2 years ago.

Thus, you would have a right to evict the tenant, but you'd have to go about giving the tenant a notice to vacate and then proceed with the eviction if the tenant refuses to leave.