Estates and tenancies for the Florida real estate exam

Last reviewed: November 2026

An estate is the degree and duration of a person's interest in land. A life estate, for example, lasts only as long as a named person lives. The exam sorts estates into two families: freehold estates (ownership for an indefinite time) and leasehold estates (a tenant's right to possession for a time). It then asks how two or more people can hold title together. Florida changes the default rules for co-ownership, and those Florida rules are what the exam tests.

Property rights, estates and tenancies make up exam area VIII, 8% of the Florida sales associate exam.

Freehold estates

EstateHow long it lastsExam keyword
Fee simple absoluteForever; can be sold, mortgaged and inheritedMost complete ownership
Fee simple defeasibleUntil a stated condition is broken"So long as", "on condition that"
Life estateFor the life of a named personEnds at death

What is a life estate

A life estate gives the life tenant the right to possess and use the property for the life of a named person. When that person dies, the property passes to someone else:

If the measuring life is someone other than the life tenant, it is a life estate pur autre vie. Example: Ana deeds her house "to Ben for the life of Carla, then to Dev". Ben is the life tenant, Carla is the measuring life, and Dev holds the remainder. If Ben dies first, Ben's heirs or devisees keep the estate until Carla dies.

A life tenant may sell or lease the life estate, but the buyer gets only what the life tenant had, and it still ends at the measuring death. The life tenant may not commit waste, meaning damage that reduces the value for the remainderman.

Florida homestead: limits on devise

In Florida, a homestead may not be devised by will if the owner is survived by a spouse or a minor child, except that it may be devised to the spouse when there is no minor child (s. 732.4015(1), F.S., following the State Constitution). For the exam, remember that a Florida homestead owner with a spouse or minor child cannot freely leave the home to anyone by will.

Leasehold estates and Florida tenancies

TenancyWhat creates itFlorida rule
Estate for yearsA lease with a definite start and end dateEnds automatically; no notice needed
Tenancy at will (periodic)A lease not in writing signed by the lessor, or a written lease with no end datePeriod set by when rent is payable (ss. 83.01, 83.02)
Tenancy at sufferanceA tenant holds over after a written lease expires without renewing it in writingPayment of rent alone is not a renewal (s. 83.04)

Notice to end a Florida tenancy at will (s. 83.03, F.S.):

If the holdover continues with the landlord's written consent, the tenancy at sufferance becomes a tenancy at will (s. 83.04).

Co-ownership in Florida

The key Florida statute is s. 689.15, F.S. The right of survivorship does not apply to joint tenants in Florida unless the instrument says so. Except for estates by the entirety, a conveyance to two or more people creates a tenancy in common unless the deed expressly provides for survivorship.

FormWhoSurvivorship?Florida source
Tenancy in commonAny two or more people; shares may be unequalNo; a share passes to the owner's heirs or deviseesDefault under s. 689.15
Joint tenancy with right of survivorshipAny two or more peopleYes, only if the deed expressly says sos. 689.15
Tenancy by the entiretiesSpouses onlyYesss. 689.11, 689.15

Tenancy by the entirety in Florida

Exam trap: a deed "to Maria and Luis" (not married) creates a tenancy in common in Florida, not a joint tenancy. Add "as joint tenants with right of survivorship" and survivorship applies.

Deeds that create these interests are covered on deeds for the Florida exam. What happens to tenants' deposits when a rented property is sold (s. 83.49(7)) is explained on closing statements and prorations.

Exam traps

Practice question

Two unmarried friends receive a Florida deed "to Kim and Lee" with no other wording. Lee dies. Who owns Lee's share?

A) Kim, by survivorship. B) Lee's heirs or devisees. C) The state. D) Kim and Lee's heirs as joint tenants.

Answer: B. Without express survivorship language the deed created a tenancy in common (s. 689.15), so Lee's share passes through Lee's estate.

Test yourself

Area VIII questions on estates, co-ownership and tenancies are in the free Florida practice test. For more questions and timed exams, see the paid question bank.

Real Estate Drill is an independent study tool, not legal advice. We are not affiliated with FREC, DBPR or Pearson VUE.

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