Tampa Real Estate Attorney

Hillsborough County is one county with one court system, the Thirteenth Judicial Circuit, but its real estate paperwork runs through several separate offices. The Clerk of the Circuit Court records deeds and runs the eviction docket, the Property Appraiser decides homestead and portability, and the purchase contract decides almost everything else. This page maps those offices for Tampa area buyers, sellers, landlords and investors, and explains where a real estate attorney fits in.

Communities we serve in Hillsborough County

• Tampa
• Brandon
• Riverview
• Plant City
• Temple Terrace
• Apollo Beach and Ruskin

Recording a deed in Hillsborough County

The Clerk's Recording Department records and indexes every document in the county's Official Records, and it also collects the documentary stamp tax, intangible tax and recording fees. You have three ways to record:

The Clerk charges $10 for the first page and $8.50 for each additional page. It also states that recording in person is the only way to be sure of same day service, which matters when a closing, a lien deadline or a lis pendens depends on the recording date. Documentary stamp tax on a deed is 70 cents per $100 of the price, and the purchase contract, not the statute, decides whether the buyer or the seller pays it.

Watching your title after closing

Section 28.47 requires every Florida clerk to offer a free recording notification service. In Hillsborough it is called Property Fraud Alert. You register a personal or business name, and when a document matching that name is recorded, you get an email or phone alert with the instrument number so you can pull the document from the Official Records index. It does not stop a forged deed, but it tells you early. We suggest it to every out of state owner and every landlord with several parcels.

Homestead and portability at the Property Appraiser

The Hillsborough County Property Appraiser handles the homestead exemption. The filing deadline is March 1, and you must hold title and live in the home as your permanent residence on January 1 of that year. Applications can be filed online through the Property Appraiser's homestead electronic filing system. If you miss March 1, the Property Appraiser accepts late applications until the 25th day after the TRIM notices are mailed, typically in August, and none after that for the year.

If you are selling one Florida homestead and buying another, portability lets you carry some or all of your Save Our Homes benefit to the new home. Under section 193.155(8), the prior home must have had the exemption as of January 1 of any of the three preceding years, and the transfer is capped at $500,000. Married owners who held the old home jointly can file a Designation of Ownership Shares, and the Property Appraiser warns that the designation is irrevocable once filed. Our Florida homestead planning page covers the separate constitutional rules on creditors and inheritance.

Evictions in Hillsborough County

Possession cases belong in county court under section 34.011. The Clerk's County Civil department handles eviction lawsuits along with other civil cases up to $50,000, and accepts filings in person at Downtown Tampa or Plant City or through the statewide electronic filing portal. The Clerk publishes a full set of eviction forms, including:

• a Three Day Notice and two complaint forms, one for unpaid rent and one for other lease violations
• residential eviction summons forms for possession only and for possession plus back rent
• a Motion for Default, a Motion for Immediate Default and a Writ of Possession
• a Request for Division Assignment and written help files for each stage

The Clerk also offers an optional service that mails copies of the summons and complaint to each tenant when a new case is filed electronically, for a per page copy charge plus envelope and postage. A separate Unlawful Detainer packet covers people who occupy property without ever having been tenants.

The basic steps follow chapter 83:

1. Serve the right notice. For unpaid rent, the three day notice excludes Saturdays, Sundays and legal holidays (section 83.56(3)).
2. File the complaint in County Civil once the notice period runs out.
3. The tenant has five days, excluding weekends and holidays, to respond and deposit the rent into the court registry.
4. After judgment, the Clerk issues a writ of possession, and the Hillsborough County Sheriff restores possession 24 hours after posting it.

Our Florida eviction page explains each step, and our landlord and tenant page covers deposits, repairs and access.

Closings, title and disputes

For a Tampa purchase, we review the contract before you sign, read the title commitment for liens, easements and gaps in the chain of title, prepare or check the deed, and confirm it is recorded. See our real estate closings page for the full checklist. When a problem cannot be solved at the closing table, such as a boundary dispute, a cloud on title or co owners who cannot agree, our real estate litigation page explains quiet title and partition actions.

Commercial property and investors

Commercial leases in Tampa are governed mainly by their own terms under part I of chapter 83, so rent escalations, maintenance and tax pass throughs, assignment and guaranties need careful drafting. Investors buying through an LLC should line up the entity, the operating agreement and the deed before closing, and our Hillsborough County business law page covers the company side. Our commercial real estate page covers due diligence and leasing.

How we work with Hillsborough County clients

We handle Tampa area real estate matters by phone or video, and you can meet at any of our Florida offices if you prefer. Documents are reviewed electronically, and we coordinate signing with witnesses and a notary near you. Your first consultation is free, and because the firm limits its caseload, you work directly with an attorney. If you are also planning for the property's future, see our Hillsborough County estate planning, probate and elder law pages. Contact us to get started.