Real Property in Florida
Florida real estate law covers buying and selling homes, how you hold title, renting, and the state's distinctive homestead protections. This hub explains the statewide essentials in plain English — including the two-witness rule for deeds, the landlord–tenant deadlines that catch people off guard, and what 'homestead' really means in Florida.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Florida property and landlord–tenant rules change — and some recently did — so confirm the current rule on the official sources in each guide, or talk to a Florida attorney.
If you’re buying, selling, renting, or owning Florida real estate, start with these statewide essentials.
Deeds need two witnesses
A Florida deed conveying real property must be signed in the presence of two subscribing witnesses (Fla. Stat. § 689.01), and deeds are recorded with the county (ch. 695). A deed that skips this step can be challenged. See the buying and selling guide and holding title.
Landlord–tenant timelines are short
Florida residential rentals follow the Florida Residential Landlord and Tenant Act (Part II of ch. 83). Two timelines surprise people most: the security-deposit clock (return within 15 days with no claim; 30-day certified-mail notice to keep any of it) and the 3-day notice required before terminating for unpaid rent. Note that month-to-month termination now requires at least 30 days’ notice — recently increased from 15 days. See landlord–tenant and evictions.
Homestead is two protections in one
Florida “homestead” means both a property-tax exemption that lowers your assessed value and a strong creditor protection that shields your home from forced sale by most creditors. See the homestead guide.
The guides
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Guides
- Buying and Selling a Home in Florida
A Florida deed must be signed before two subscribing witnesses (Fla. Stat. § 689.01) and recorded in the county. Florida has no general statutory seller's-disclosure form, but under Johnson v. Davis (1985) a seller must disclose known material defects that aren't readily observable — even in an 'as is' sale.
- Florida Condos and HOAs
Florida condominiums are governed by the Florida Condominium Act (ch. 718) and homeowners' associations by ch. 720. These laws set association powers, owner rights, required disclosures, and meeting and records rules. Chapter 718 has been amended frequently — including post-Surfside structural-inspection and reserve requirements — so confirm the current rule.
- Florida Evictions: The Process & Rent Deposit Rule
Florida residential evictions go through county court. For nonpayment, the landlord serves a 3-day notice (§ 83.56(3)) and then files. A tenant who raises any defense other than payment generally must deposit accrued rent into the court registry — failing to deposit within 5 business days of being served waives defenses other than payment (§ 83.60(2)). Self-help lockouts are illegal.
- How to Hold Title to Florida Real Estate
Florida co-owners can hold title as tenants in common (no survivorship), joint tenants with right of survivorship (which must be expressly stated under Fla. Stat. § 689.15), or — for married couples only — tenants by the entireties, a form that protects the home from a creditor of just one spouse.
- Florida Homestead: Tax Exemption & Creditor Protection
Florida homestead is two protections. The property-tax exemption (Fla. Const. Art. VII, § 6; § 196.031) takes up to $50,000 off assessed value, and Save Our Homes caps annual assessment increases at the lower of 3% or CPI. Separately, the creditor protection (Art. X, § 4) shields your home from forced sale by most creditors with no dollar cap on equity, subject to acreage limits and exceptions.
- Florida Landlord–Tenant Rules: Deposits & Notice
Florida residential rentals follow the Residential Landlord and Tenant Act (Part II of ch. 83). Key timelines: a deposit must be returned within 15 days if no claim, or the landlord must send a 30-day certified-mail notice to keep part of it; month-to-month termination now needs 30 days' notice; and a 3-day notice is required before terminating for unpaid rent.
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