Melbourne Real Estate Attorney

Brevard County runs a long way down the Space Coast, and its real estate varies just as much. Melbourne and Palm Bay have large neighborhoods of single family homes and rentals. Viera is a planned community with layered association rules. The barrier island, from Cocoa Beach to Indialantic and our own Indian Harbour Beach, is lined with condominium buildings, and the mainland has a number of manufactured home communities. Our office is on the barrier island, so this is local work for us.

Communities we serve in Brevard County

• Melbourne and West Melbourne
• Palm Bay
• Viera and Rockledge
• Cocoa Beach, Satellite Beach, Indian Harbour Beach and Indialantic
• Merritt Island and Cocoa
• Titusville

Recording a deed in Brevard

The Brevard County Clerk of the Court records and indexes deeds, mortgages, liens, declarations of condominium and other documents upon payment of the statutory fees. Unlike some counties, Brevard offers several places to record in person:

The Clerk also accepts electronic recording and publishes an online recording fee calculator. Documentary stamp tax on a deed is 70 cents per $100 of consideration, paid when the deed is recorded; a $350,000 Palm Bay home carries $2,450 in deed stamps. Our real estate closing page explains the title commitment, the deed and recording.

The Clerk's Recording Notification Service

Brevard's free Recording Notification Service emails you when a document is recorded in the county's Official Records under a name or property description you monitor. Each registered email address can monitor up to 10 names or property descriptions. The Clerk describes it as an early warning rather than a way to prevent fraud and recommends checking the Official Records from time to time. If you find a suspicious recording, the Clerk suggests contacting law enforcement and its fraud, waste and abuse division, and getting advice from a real property attorney. Our real estate litigation page explains how title is cleared after a forged deed.

Homestead with the Brevard County Property Appraiser

You must own the home and make it your permanent residence by January 1, and file by March 1 under section 196.011. The Brevard County Property Appraiser accepts applications online, by mail, or in person at its Titusville, Viera, Melbourne and Palm Bay locations. Its filing instructions list what to bring, including:

• A Florida driver license, or a Florida ID card and a declaration of domicile recorded before January 1 if you do not drive.
• Florida vehicle registration and Brevard voter registration, if you have them.
• Social Security numbers for each applicant and spouse.
• If the home is in a trust, a copy of the trust agreement or a recorded Memorandum of Trust.
• If you own property in another state, a letter showing you do not receive a residency based exemption there.

The Property Appraiser warns that missing March 1 waives the exemption for that year. If you are moving from another Florida homestead, section 193.155(8) generally lets up to $500,000 of your Save Our Homes benefit transfer to the new home if you had a homestead exemption on January 1 of any of the three preceding years. Our Florida homestead page covers the constitutional protections.

Barrier island condominiums

Many condominium buildings between Cocoa Beach and Melbourne Beach are old enough to fall under the state milestone inspection law. Section 553.899 requires an inspection of condominium and cooperative buildings three or more stories tall by December 31 of the year the building reaches 30 years, then every 10 years, and lets the local building official use 25 years where conditions such as salt water warrant. The association must send owners the inspector's summary within 45 days of receiving the report and post it on the property. If you are buying a unit, read the summary along with the association's budget and minutes.

Evictions in Brevard County Court

Evictions are filed in Brevard County Court through the Clerk, whose main courthouse is the Moore Justice Center in Viera. The Clerk publishes an Eviction Form Set, which includes a three day notice, a complaint for removal of tenant, five day and twenty day summonses, a motion for default, a final judgment and a writ of possession, and a separate set of unlawful detainer forms for occupants who were never tenants. In order:

1. Serve the correct notice. The three day notice for unpaid rent excludes Saturdays, Sundays and legal holidays (section 83.56(3)).
2. File the complaint for removal of tenant, with the notice and lease.
3. Use the five day summons for possession and the twenty day summons if you are also claiming back rent.
4. If the tenant does not respond or deposit rent, move for default and final judgment.
5. Give the writ of possession to the sheriff for posting.

The Clerk's office cannot give legal advice on the forms. Section 83.425 preempts local regulation of residential tenancies, so chapter 83 controls Brevard rentals. Our Florida eviction and landlord and tenant pages explain each statute.

Commercial real estate on the Space Coast

Brevard's commercial market includes office and industrial space serving aerospace contractors, retail along the main corridors, and hospitality property on the beaches. We review commercial leases and purchases, from use clauses and maintenance duties to guaranties and assignment rights. The Department of Revenue states that state sales tax no longer applies to commercial rent for rental periods beginning on or after October 1, 2025. Our commercial real estate page covers due diligence and land use.

How we work with Brevard County clients

Brevard clients meet with an attorney at our Indian Harbour Beach office, 1790 Jimmy Buffett Memorial Hwy, Suite 209, Indian Harbour Beach, FL 32937, or by phone or video. Your first consultation is free, and because the firm limits its caseload, you work directly with an attorney from contract to recording. For the planning side of your property, see our Brevard estate planning, Brevard probate and Brevard elder law pages, and for property to the south, our Treasure Coast real estate page. Contact us to get started.