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
| Estate | How long it lasts | Exam keyword |
|---|---|---|
| Fee simple absolute | Forever; can be sold, mortgaged and inherited | Most complete ownership |
| Fee simple defeasible | Until a stated condition is broken | "So long as", "on condition that" |
| Life estate | For the life of a named person | Ends 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:
- Remainder: the property goes to a third party, the remainderman.
- Reversion: the property goes back to the grantor or the grantor's heirs.
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
| Tenancy | What creates it | Florida rule |
|---|---|---|
| Estate for years | A lease with a definite start and end date | Ends automatically; no notice needed |
| Tenancy at will (periodic) | A lease not in writing signed by the lessor, or a written lease with no end date | Period set by when rent is payable (ss. 83.01, 83.02) |
| Tenancy at sufferance | A tenant holds over after a written lease expires without renewing it in writing | Payment of rent alone is not a renewal (s. 83.04) |
Notice to end a Florida tenancy at will (s. 83.03, F.S.):
- year to year: at least 3 months before the end of the annual period;
- quarter to quarter: at least 45 days;
- month to month: at least 15 days;
- week to week: at least 7 days.
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.
| Form | Who | Survivorship? | Florida source |
|---|---|---|---|
| Tenancy in common | Any two or more people; shares may be unequal | No; a share passes to the owner's heirs or devisees | Default under s. 689.15 |
| Joint tenancy with right of survivorship | Any two or more people | Yes, only if the deed expressly says so | s. 689.15 |
| Tenancy by the entireties | Spouses only | Yes | ss. 689.11, 689.15 |
Tenancy by the entirety in Florida
- It can be created by a spouse conveying to the other spouse with a deed stating the purpose to create it, or by conveying to both spouses (s. 689.11(1)).
- On dissolution of marriage, the spouses become tenants in common (s. 689.15).
- A mortgage made or assigned to a husband and wife creates an estate by the entirety in the mortgage unless a contrary intention appears (s. 689.115).
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
- A life estate ends at the death of the measuring life, not necessarily the life tenant.
- Remainder goes to a third party; reversion goes back to the grantor.
- Holdover without consent: tenancy at sufferance. Accepting rent does not change it.
- Florida default for co-owners: tenancy in common.
- Divorce turns a tenancy by the entirety into a tenancy in common.
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.