Legal Question in Real Estate Law in Florida

She would need to agree. You should consider a partition action to split and or sell the jointly owned property

Although technically Barry Stein is right, as a practical matter she would have to go to court to enforce her rights.

Note this is your mother. Don't disregard Karma.

In my experience, the person in possession can and does rent the property out with disregard to the non possessing title holders. The other title holders can object and file various suits against you and the tenant (assuming tenant knows about the objection). To avoid additional legal claims, you should split the income less holding costs with the other title holder.

Note your mom can file for a partition action to split the property and/or force the sale of jointly owned property.

As a practical matter, I suggest you sit down with your mom and find out why she is objecting and what her concerns are before creating animosity in your family.

Remember " you don't get what you deserve, you get what you negotiate." Sometimes, just listening and acknowledging another persons concerns can overcome resistance and result in the desired outcome.

I hope this response was helpful.