Legal Question in Real Estate Law in Florida

There are set offs going both way. Yes the nephew was entitled to 8 years of rent, but then he never contributed to his 1/2 of the taxes, repairs, etc.

A partition suit would be needed to divide the ownership, and the judge will decide who owe what.

If the property was left to both the daughter and nephew, in equal shares, then both had an equal obligation to support the property (pay taxes) and maintain the property (pay utilities, make repairs). I agree that a suit for partition will be necessary to sort out the entitlements of each party, but disagree that the nephew is entitled to 8 years of rent. It was his choice to do nothing for 8 years, he could have also occupied the property, sued for partition, contributed to the care and upkeep, agreed with daughter to rent to a 3rd party, splitting the net income, etc.

Without the daughter's financial input, the property would have declined in condition, (reducing the value)and eventually would have been sold for back taxes. If the nephew is owed anything, his share should be set off by the current dollar value of the money paid by the daughter. At most, he may be entitled to 1/2 of the fair rental value, MINUS the current value (with interest added) of the daughter's total investment, as well as a fair labor charge for any maintenance or improvements that she made herself.