Real Estate Law in Florida: A Complete Guide

Florida real estate law touches almost everyone who lives in the state, whether you are buying a first home in Orlando, closing on a beachfront condominium in Miami, fighting an HOA in The Villages, defending a foreclosure, or renting out a property in Tampa. Florida has its own statutes and quirks — a judicial foreclosure system, a robust Condominium Act, post–Surfside structural-inspection mandates, and strong protections built around the constitutional homestead — that often surprise people who have dealt with real estate in other states.

This guide gives a plain-English overview of how Florida real estate law works: how homes are bought and sold, how community associations are governed, how foreclosures and landlord-tenant disputes play out, and what taxes and disclosures apply. It is general information, not legal advice. Real estate matters turn heavily on the specific contract, deed, and facts involved, so treat this as a map rather than a substitute for advice from a Florida attorney or licensed professional.

How Florida regulates real estate

Real estate in Florida is governed by a layered mix of constitutional provisions, statutes, administrative rules, and case law. The Florida Constitution itself contains the powerful homestead provisions (Art. X § 4) that protect a primary residence from most creditors and restrict how it can be passed at death. On top of that sits a large body of statutes: the Condominium Act (ch. 718), the Homeowners’ Association Act (ch. 720), the Cooperative Act (ch. 719), the foreclosure chapter (ch. 702), the residential landlord-tenant law (ch. 83, part II), and the Statute of Frauds (Fla. Stat. § 725.01), which requires that contracts for the sale of land be in writing and signed.

Real estate professionals are licensed and regulated by the Florida Real Estate Commission under Fla. Stat. ch. 475, and the Department of Business and Professional Regulation oversees brokers, sales associates, and community-association managers. Local governments add their own layer through zoning codes, building codes, and permitting. Because of this layering, a single transaction can be affected by state statute, county recording rules, municipal zoning, and a private community association’s declaration all at once.

Buying and selling a home

Most Florida residential sales run on a standardized form — commonly the FR/BAR “AS IS” Residential Contract for Sale and Purchase, jointly published by Florida Realtors and The Florida Bar. The “AS IS” version lets the buyer inspect during a set period and walk away for any reason, getting the deposit back, but does not require the seller to make repairs. Importantly, “AS IS” does not erase the seller’s disclosure duty: under Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), a seller of residential property must disclose facts that materially affect value and are not readily observable.

Closings in Florida are typically handled by a title company or a real estate attorney rather than by escrow companies as in some western states. Title insurance is standard and protects against hidden defects in the chain of title; a title commitment is reviewed before closing to confirm marketable title. The buyer’s lender and the title agent will resolve liens, judgments, and unpaid taxes before funds change hands. At closing, the deed is signed, notarized, and recorded, and Florida’s documentary stamp tax (Fla. Stat. ch. 201) is paid on the deed (and, where applicable, on the mortgage and note). For a deeper walk-through, see our guide on buying and selling a home in Florida.

Deeds, title, and recording

Florida recognizes several deed types. A general warranty deed gives the buyer the broadest promises about clear title; a special warranty deed warrants only against defects arising during the seller’s ownership; and a quitclaim deed transfers whatever interest the grantor has with no warranties. Florida is a “notice” recording state under Fla. Stat. § 695.01, meaning an unrecorded deed or mortgage is generally void against a later purchaser for value who records first without notice of the earlier interest. That is why prompt recording in the county where the property sits is critical.

Married couples often hold Florida real estate as tenants by the entirety, a form of ownership available only to spouses that offers strong creditor protection — a creditor of just one spouse generally cannot reach property held this way. Other co-owners typically hold as joint tenants with right of survivorship or as tenants in common. How title is held affects what happens at death, what creditors can reach, and how the property can be sold, so it deserves careful thought at purchase.

Condominiums, HOAs, and cooperatives

A large share of Florida homes sit inside a community association. Condominiums are governed by the Condominium Act, Fla. Stat. ch. 718; homeowners’ associations by ch. 720; and cooperatives by ch. 719. These associations levy assessments, enforce restrictions through the recorded declaration and rules, and maintain common areas. Owners have statutory rights to access official records, attend board and member meetings, and run for the board.

When a unit is sold, the association issues an estoppel certificate stating the amount owed (Fla. Stat. § 718.116(8) for condos; § 720.30851 for HOAs), and the statute caps what the association may charge to prepare it and how long it remains valid. After the 2021 Surfside condominium collapse, Florida enacted major reforms: condominium buildings of three or more stories must undergo milestone structural inspections (Fla. Stat. § 553.899), associations must perform structural integrity reserve studies, and they generally can no longer vote to waive or underfund reserves for major structural components. These changes have significantly raised carrying costs in many older buildings. See our detailed guide on Florida HOA and condo law.

Foreclosure in Florida

Florida is a judicial foreclosure state (Fla. Stat. ch. 702). A lender cannot simply auction a home through a trustee as in non-judicial states; instead it must file a lawsuit, record a lis pendens to put the world on notice, prove it holds the note and has standing, and obtain a final judgment from a judge before the clerk conducts a public judicial sale. This court process gives borrowers meaningful opportunities to raise defenses — lack of standing, failure to give required default notices, or errors in the loan amount — and to pursue loss mitigation such as a loan modification or short sale.

After a judicial sale, a lender may seek a deficiency judgment for the shortfall between the debt and the sale price (Fla. Stat. § 702.06), subject to limits and a one-year deadline for residential property. The statute of limitations to foreclose a mortgage is generally five years from the breach (Fla. Stat. § 95.11(2)(c)). For the full timeline and borrower options, read our guide on the Florida foreclosure process.

Renting: landlord and tenant rights

Residential leases are governed by Fla. Stat. ch. 83, part II (the Florida Residential Landlord and Tenant Act). The law sets out rules for security deposits, notices, and evictions. If a landlord intends to keep any part of a security deposit, it must send written notice by certified mail within 30 days of the tenant moving out; the tenant then has 15 days to object (Fla. Stat. § 83.49). For nonpayment of rent, the landlord must serve a written 3-day notice (excluding weekends and legal holidays) before filing suit (Fla. Stat. § 83.56).

Crucially, Florida forbids self-help evictions: a landlord may not change the locks, shut off utilities, or remove a tenant’s belongings to force them out (Fla. Stat. § 83.67). Removal requires filing an eviction action and obtaining a court-ordered writ of possession executed by the sheriff (Fla. Stat. §§ 83.59–.62). Our Florida landlord-tenant law guide covers deposits, notices, repairs, and the eviction process in detail.

Disclosures and the “AS IS” trap

Many buyers assume that signing an “AS IS” contract means the seller owes them nothing. That is incorrect. Under Johnson v. Davis, a residential seller must affirmatively disclose known latent (hidden) defects that materially affect the property’s value — a leaking roof, prior flooding, sinkhole activity, or active termite infestation, for example. “AS IS” shifts the burden of inspecting for defects to the buyer, but it does not license a seller to conceal known problems. Sellers also commonly provide a property disclosure form. Certain hazards carry their own federal rules, such as the lead-based-paint disclosure for homes built before 1978.

Florida also requires disclosure of certain community-association obligations to buyers, and condominium and cooperative buyers receive statutory disclosure documents and, for resales, a short cancellation right in limited circumstances. Because failing to disclose can lead to rescission or damages, sellers should err toward transparency and buyers should inspect thoroughly during the contract’s inspection period.

Taxes and closing costs

Florida imposes no state income tax, which is a major draw, but real estate transactions carry their own taxes. The documentary stamp tax applies to deeds at a statewide rate (with a different rate in Miami-Dade County) and to promissory notes and mortgages, and an additional intangible tax applies to mortgages (Fla. Stat. ch. 199 and ch. 201). Property taxes are assessed annually by the county property appraiser; Florida’s Save Our Homes cap and the homestead exemption (Fla. Const. Art. X § 4 and Fla. Stat. ch. 196) limit how fast the assessed value of a primary residence can rise. Because these rates and exemption amounts can be adjusted by the Legislature, confirm current figures before budgeting a closing.

Construction defects and new homes

Buyers of newly built homes have additional protections and procedures. Before suing a builder for a construction defect, an owner generally must follow the pre-suit notice and opportunity-to-repair process in Fla. Stat. ch. 558, giving the contractor a chance to inspect and offer to fix the problem. Florida law also sets outer time limits for construction claims through a statute of repose (Fla. Stat. § 95.11), so defects discovered many years after completion may be time-barred. New-construction condominiums carry statutory warranties under ch. 718 as well.

Frequently asked questions

Is Florida a judicial foreclosure state?

Yes. Florida requires lenders to foreclose through the courts under Fla. Stat. ch. 702. The lender files a lawsuit, records a lis pendens, and must obtain a final judgment before the property is sold at a public judicial sale. This gives borrowers a chance to raise defenses and pursue alternatives like modification or a short sale.

Does an “AS IS” contract let a seller hide problems?

No. Even under an “AS IS” contract, a residential seller must disclose known latent defects that materially affect value, per Johnson v. Davis. “AS IS” means the seller is not obligated to make repairs and the buyer takes on the duty to inspect — but it does not permit active concealment of known hidden defects.

What is an estoppel certificate and who pays for it?

An estoppel certificate is a document from a condo or HOA stating the exact amount an owner owes the association as of a closing date (Fla. Stat. § 718.116(8) and § 720.30851). It protects the buyer from inheriting hidden association debt. The seller usually pays for it, though the contract controls; the statute caps the fee and sets how long the certificate stays valid.

Can my HOA foreclose on my home over unpaid dues?

Yes. A Florida HOA or condominium association can record a lien for unpaid assessments and, after following statutory notice requirements, foreclose that lien judicially (Fla. Stat. § 720.3085 and § 718.116). Because the consequences are severe, owners who fall behind should respond promptly to lien notices and consider negotiating a payment plan.

How long does a Florida landlord have to return my security deposit?

If the landlord makes no claim against the deposit, it must be returned within 15 days after you move out. If the landlord intends to keep part of it, it must send written notice by certified mail within 30 days, and you then have 15 days to dispute the claim (Fla. Stat. § 83.49). A landlord who fails to follow this notice procedure generally forfeits the right to keep any of the deposit.

Do I need a lawyer to buy a house in Florida?

It is not legally required — title companies handle many closings — but a Florida real estate attorney can be valuable for reviewing contracts, resolving title problems, handling probate or homestead issues, or addressing disputes. For complex deals, new construction, commercial property, or contested transactions, legal review is strongly advisable.

What changed after the Surfside condo collapse?

Florida enacted reforms requiring milestone structural inspections for condominium buildings three stories or taller (Fla. Stat. § 553.899), mandatory structural integrity reserve studies, and rules that generally prevent associations from waiving or underfunding reserves for major structural components. These changes have increased assessments and reserve contributions in many older buildings.

Is there a tax on transferring Florida real estate?

Yes. Florida charges a documentary stamp tax on deeds and on mortgages and notes, plus an intangible tax on mortgages (Fla. Stat. ch. 201 and ch. 199). There is no state income or estate tax, but these transfer taxes and annual property taxes apply. Rates and exemption amounts can change, so verify current figures before closing.

Find a Florida real estate attorney

Florida real estate transactions and disputes can move quickly and carry lasting financial consequences. If you are buying or selling, facing foreclosure, fighting an association, or dealing with a landlord-tenant problem, a licensed Florida real estate attorney can review your documents and protect your interests. Consider consulting one before signing a contract or responding to a lawsuit, and use The Florida Bar’s lawyer referral service to find counsel in your county. This guide is general information, not legal advice.