If someone is left a “life estate”, is there anyway to make the life tenant leave?

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If someone is left a “life estate”, is there anyway to make the life tenant leave?

Can the person who was left the property considered the life estate sell it and have that person leave?

Asked on January 8, 2016 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No: a "life estate" means exactly what it sounds like--the recipient of the life estate (the "life tenant") has the right to be there *for life* and there is no way to make him or her leave early. The best the remainderman (the one who gets it after the life tenant dies) can do is make the life tenant responsible for any damage (often called "waste") he or she does to the property.


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