Florida real estate law sits in a mix of the state constitution, statutes, and one landmark court decision, and together they set the rules for what a seller has to tell you, what a homestead protects, what you pay at closing, and what a landlord or association can and cannot do. The rules below apply to residential transactions statewide. Miss one of the deadlines or disclosures and you can lose a deposit, a deduction, or a defense you would otherwise have had.
What Florida Sellers Must Tell Buyers
Florida does not have a single all-purpose disclosure statute. The core duty comes from a 1985 Florida Supreme Court decision, Johnson v. Davis, which ended the old “buyer beware” rule for residential sales.1Justia. Johnson v. Davis A seller who knows about a problem that materially affects the home’s value and that a buyer can’t readily see has to disclose it. Hidden water damage behind a wall, a failing septic system, unpermitted additions: those get disclosed. Obvious defects don’t.
Silence about a known problem exposes the seller to rescission or a fraudulent concealment suit. Most sellers work through the standard Florida Realtors disclosure form, which asks specific questions about roof age, water intrusion, and the major systems.2Florida Realtors. Sellers Property Disclosure – Residential Answer “yes,” “no,” or “unknown” honestly. Blanks and guesses are where liability starts.
Flood History
Since October 2024, Section 689.302 requires a separate flood disclosure form before or at contract signing. The seller has to say whether the property has flooded during their ownership, whether they’ve filed a flood insurance claim, and whether they’ve received federal flood assistance.3The Florida Legislature. Florida Code 689.302 – Disclosure of Flood Risks to Prospective Purchaser The form also warns buyers that standard homeowners insurance does not cover flood.
Radon Notification
Every residential sale or lease has to include the radon gas notification set out in Section 404.056(5), which warns that radon is a naturally occurring radioactive gas found at elevated levels in some Florida buildings and points readers to their county health department for testing.4The Florida Legislature. Florida Code 404.056 – Radiation; Standards and Projects It has to appear on at least one document signed at or before the contract stage.
Homestead Protections
Article X, Section 4 of the Florida Constitution gives homestead property two protections that shape almost every ownership decision: a creditor shield and strict transfer rules. Both apply automatically once a natural person owns the property and uses it as a permanent residence.5FindLaw. Florida Constitution Art X, Section 4 – Homestead Exemptions
Protection From Creditors
A homestead is exempt from forced sale to satisfy most judgments. Inside a municipality, the shield covers up to half an acre. Outside, it reaches 160 contiguous acres.5FindLaw. Florida Constitution Art X, Section 4 – Homestead Exemptions There is no dollar cap on the home’s value, which is what makes Florida’s protection stand out. The shield does not stop property tax collectors, purchase-money mortgage lenders, home improvement lenders, or contractors with liens for work on the property. Those creditors can still force a sale.
Spousal Joinder and Devise Limits
A married homeowner cannot sell or mortgage the homestead without their spouse signing, even if the spouse is not on title.6The Florida Legislature. Florida Code 689.111 – Conveyances of Homestead; Power of Attorney A one-signature deed or mortgage is voidable. Title companies catch this at closing; informal transfers between family members often don’t.
The constitution also limits what a will can do with a homestead. If the owner is survived by a spouse or minor children, the property generally cannot be left to anyone else. The surviving spouse may receive a life estate with the remainder passing to the children. An attempt to devise the homestead outside these limits usually ends in litigation that drains the estate.
Property Taxes on Your Home
The Homestead Exemption
Florida has no state income tax, so property tax carries most of the local funding load. If the home is your permanent residence and you apply by March 1, you get up to $25,000 off the assessed value for all tax purposes. A second exemption of up to $25,000 applies to assessed value between $50,000 and $75,000, but this second layer does not reduce school district taxes.7The Florida Legislature. Florida Code 196.031 – Exemption of Homesteads Combined, up to $50,000 of assessed value can be exempt from most local levies.
The Save Our Homes Cap
Once the homestead exemption is on file, the Save Our Homes amendment caps annual increases in assessed value at 3% or the change in the Consumer Price Index, whichever is lower. Over years of rising markets, the gap between assessed and market value widens, and that gap is the real tax savings.
Portability
Sell one Florida homestead and buy another, and you can carry the accumulated Save Our Homes benefit with you. You have three tax years from January 1 of the year you last held a homestead exemption to establish a new one, and you have to apply for portability by March 1. The maximum transferable benefit is $500,000. Move up in value and you transfer the full benefit. Move down and the benefit is prorated by the ratio of the new home’s market value to the old.
Bill Timing and Early Payment Discounts
Tax bills go out in November and become delinquent April 1. Pay early and Florida discounts the bill on a sliding scale: 4% in November, 3% in December, 2% in January, 1% in February.8Florida Senate. Florida Code 197.162 – Tax Discount Payment Periods On a $5,000 bill, November payment saves $200. March payment saves nothing. After April 1, interest and penalties start, and unpaid taxes eventually go to a tax certificate sale.
Getting a Contract That Holds Up
Florida’s Statute of Frauds requires any contract for the sale of land to be in writing and signed by the party you want to enforce it against.9The Florida Legislature. Florida Code 725.01 – Promise to Pay Anothers Debt A verbal agreement to buy a house is not enforceable. The writing has to include a legal description of the property, not just a street address, and the price. Leases longer than a year fall under the same rule.
Most residential deals use the standard contract jointly approved by Florida Realtors and The Florida Bar, with the “As Is” version being the common form.10Florida Realtors. AS IS Residential Contract for Sale and Purchase It has blanks for the escrow deposit, the inspection period end date, and the closing date. Every blank matters. Ambiguity here is what puts a deal in front of a judge.
Who Your Agent Actually Works For
Florida presumes a real estate licensee is acting as a transaction broker unless a different relationship is put in writing.11The Florida Legislature. Florida Code 475.278 – Authorized Brokerage Relationships; Presumption of Transaction Brokerage; Required Disclosures A transaction broker provides limited representation to both sides, has to deal honestly and disclose known material facts, but does not owe the full fiduciary duties of a single agent. For loyalty, confidentiality, and obedience, you need a written single-agent agreement. Florida flatly prohibits dual agency, so no broker can act as a fiduciary for both buyer and seller in the same deal.
What Closing Actually Costs
Title Search and Insurance
After the contract, the closing agent searches public records to confirm ownership and flag liens, easements, and other encumbrances. Anything outstanding, like unpaid taxes or an old mortgage never satisfied, has to be cleared. Title insurance is then issued to protect the buyer and lender against claims the search missed. Florida title premiums are not negotiable; they follow a promulgated rate schedule based on purchase price.12Cornell Law School. Florida Admin Code 69O-186.003 – Title Insurance Rates
Documentary Stamp Tax on the Deed
Florida taxes every deed transferring real property at 70 cents per $100 of consideration. On a $400,000 sale, that is $2,800.13The Florida Legislature. Florida Code 201.02 – Tax on Deeds and Other Instruments Relating to Real Property Who pays is set by county custom and can be negotiated in the contract.14Florida Department of Revenue. Documentary Stamp Tax
Intangible Tax on the Mortgage
Financing the purchase adds a one-time nonrecurring intangible tax of 2 mills (0.2%) on the mortgage amount when it is recorded.15Florida Senate. Florida Code 199.133 – Levy of Nonrecurring Tax On a $320,000 mortgage, that is $640, listed separately from the doc stamps on your closing disclosure.
Recording Fees
The deed and mortgage have to be recorded with the Clerk of Court in the county where the property sits. Statute sets recording fees at $10 for the first page and $8.50 for each additional page.16Florida Senate. Florida Code Chapter 28 – Clerks of the Circuit Court Total recording costs usually run somewhere between $50 and $200 depending on page count.
Buying Into a Condo or HOA
Structural Integrity Reserve Studies
After the 2021 Surfside collapse, Florida rewrote condominium safety law. Every residential condominium association has to have a structural integrity reserve study completed at least every 10 years for each building three or more habitable stories tall. The study covers the roof, load-bearing walls, fire protection, plumbing, electrical, waterproofing, windows, and exterior doors, plus any component whose replacement cost exceeds $25,000 and whose failure would affect those core systems.17Florida Senate. Florida Code 718.112 – Bylaws
Associations existing before July 1, 2022, had to complete their first study by December 31, 2025, with a possible extension to December 31, 2026, for buildings also needing a milestone inspection. Since December 31, 2024, unit-owner-controlled associations can no longer vote to waive or underfund reserves for items in the study.17Florida Senate. Florida Code 718.112 – Bylaws Before you make an offer on an older high-rise unit, ask for the current reserve study and the association’s funding levels. An underfunded association facing mandatory contributions can hit owners with special assessments in the thousands or tens of thousands.
Estoppel Certificates
When property in an HOA changes hands, the buyer’s title company orders an estoppel certificate showing what the seller owes. The association can charge up to $250 for a standard certificate when nothing is delinquent, an extra $150 if there is a delinquent balance, and another $100 for delivery within three business days.18The Florida Legislature. Florida Code 720.30851 – Estoppel Certificates The Department of Business and Professional Regulation adjusts these figures every five years for inflation. Late estoppels are one of the most common causes of a delayed Florida closing, so order early.
Renting Out or Renting a Home
Florida Statutes Chapter 83, Part II governs residential leases statewide.19Florida Senate. Florida Statutes Chapter 83 – Landlord and Tenant, Part II It applies whether the lease addresses these points or not, and many of its rules cannot be waived.
Security Deposits
A landlord holding a security deposit has to keep it in a separate account at a Florida financial institution, not mixed with personal or business funds. Within 30 days of receiving the deposit, the landlord has to notify the tenant in writing of the bank name and address.20Justia Law. Florida Code 83.49 – Deposit Money or Advance Rent; Duty of Landlord and Tenant
At the end of the lease, the landlord has 15 days to return the full deposit if no claim is being made. To keep any part of it, the landlord has to send written notice by certified mail within 30 days of the lease ending, itemizing the claim. Miss the 30-day window and the landlord forfeits the right to withhold anything.20Justia Law. Florida Code 83.49 – Deposit Money or Advance Rent; Duty of Landlord and Tenant The tenant then has 15 days after receiving the claim notice to object in writing.
Termination and Eviction Notices
A month-to-month tenancy requires at least 30 days’ written notice before the end of a monthly period from whichever side is ending it.21The Florida Legislature. Florida Code 83.57 – Termination of Tenancy Without Specific Term A fixed-term lease ends on its stated date without further notice unless the lease says otherwise.
For nonpayment of rent, the landlord has to serve a written three-day notice demanding payment or possession before filing for eviction. Those three days exclude Saturdays, Sundays, and court-observed holidays.22FindLaw. Florida Code 83.56 – Termination of Rental Agreement Filing an eviction without the proper notice first is the kind of procedural defect that gets a case dismissed.
Retaliation
Landlords cannot raise rent, cut services, or threaten eviction in retaliation against a tenant who has complained to a government agency about code violations, joined a tenant organization, or exercised any right under the lease or state law.23The Florida Legislature. Florida Code 83.64 – Retaliatory Conduct Retaliation is a defense in an eviction proceeding. The landlord can overcome it by showing a legitimate reason such as nonpayment or a real lease violation, but the burden shifts once the tenant raises it.
Active-Duty Servicemembers
Under Section 83.682, an active-duty servicemember stationed in Florida can break a residential lease without penalty after receiving orders for a permanent change of station, temporary duty, or involuntary discharge, as long as the new location or home of record is 35 or more miles from the rental. The servicemember has to give at least 30 days’ written notice with a copy of the orders. No early termination fee is allowed, rent prorates through the termination date, and the protection extends to dependents on the lease. These rights cannot be waived by any lease provision.