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Real estate in Leon County

Tallahassee Real Estate Attorney

We help Leon County buyers, sellers, landlords and investors close cleanly, lease with confidence and resolve title and tenant problems, with every meeting by phone or video or at any of our Florida offices.

Quick answer

In Leon County, deeds are recorded by the Clerk of the Circuit Court and Comptroller at the County Courthouse, 301 S. Monroe Street, or its Northeast Branch. Evictions are filed in Leon County Court through the same Clerk, and homestead goes to the Leon County Property Appraiser by March 1. We meet Tallahassee clients by phone or video.

Tallahassee real estate has a rhythm of its own. As the state capital and the home of Florida State University, Florida A&M University and Tallahassee State College, Leon County has a large rental market that turns over with the academic year, a steady flow of buyers who arrive for state jobs, and investors who buy houses and small apartment buildings near the campuses. Florida law sets the rules for all of it, but the recording, tax and court steps happen in Leon County offices. This page explains where each step takes place and what owners and tenants should watch for.

Communities we serve in Leon County

  • Tallahassee, including Midtown, Southwood and the neighborhoods around the FSU and FAMU campuses
  • Unincorporated Leon County, including the rural and lakefront areas outside the city limits

Recording a deed with the Leon County Clerk

The Leon County Clerk of the Circuit Court and Comptroller keeps the Official Records, and its Official Records Division works from two locations: the County Courthouse at 301 S. Monroe Street, Suite 100, and the Northeast Branch on Metropolitan Boulevard. Electronic recording is also available. The Clerk lists what a document needs before it can be recorded, including the names and addresses of the people signing and receiving the property, a legal description, a notary acknowledgment, the name and address of the person who prepared it, and a blank 3 inch square in the top right corner of the first page.

ItemAmount
Recording, first page$10.00
Recording, each additional page$8.50
Each name indexed beyond four$1.00
Documentary stamp tax on a deed70 cents per $100 of consideration

The page fees come from section 28.24 of the Florida Statutes. The Clerk collects documentary stamp tax as an agent for the Florida Department of Revenue and rounds the price up to the next hundred dollars before applying the rate.

The Leon County Property Fraud Alert

Deed fraud usually targets owners who are not watching: a vacant lot, an inherited house, a rental owned by someone who lives out of state. The Clerk offers a free Property Fraud Alert that emails you within 24 hours when a document is recorded under a name you register, with up to five names per email address, personal or business. It covers new recordings only, so it is worth searching the Official Records for anything already filed. The Clerk states that no document can be removed from the Official Records without a court order. If a forged deed appears, the fix is a quiet title action or other lawsuit, which our real estate litigation page explains.

Homestead and portability with the Leon County Property Appraiser

If you buy a home to live in, the homestead exemption is filed with the Leon County Property Appraiser, whose exemptions office is in the Leon County Government Annex at 315 South Calhoun Street. You can file online, by email, by mail or in person. The application, form DR-501, must be filed by March 1 under section 196.011, and you must own and live in the home as your permanent residence on January 1. Homestead also caps yearly increases in assessed value at 3 percent or the change in the Consumer Price Index, whichever is lower.

Moving within Florida? Under section 193.155(8), portability lets you carry much of the Save Our Homes difference from your old homestead to the new one, up to $500,000, if you had a homestead exemption on any of the three prior January 1 dates. It requires its own form filed with the homestead application. Rentals do not qualify for homestead, which matters for parents who buy a condo for a student. Our Florida homestead exemption guide covers the rules in more depth.

Student rentals and evictions in Leon County Court

Residential evictions are heard in Leon County Court. The Clerk's County Civil division at the courthouse on S. Monroe Street handles landlord tenant cases for residential rentals and states that commercial and agricultural disputes should go through an attorney. Under section 47.011, an eviction is generally filed where the property is located. The steps, drawn from the Clerk's guidance and chapter 83, are:

  1. Serve the right written notice. For unpaid rent, a three day notice that excludes weekends and legal holidays (section 83.56(3)). For other lease violations, a seven day notice.
  2. File the complaint. Include the lease, the notice and a summons for each tenant, with copies for service and stamped envelopes addressed to the tenants. Section 34.041 sets the county court filing fee for a removal of tenant action at $180, with service charged separately.
  3. Serve the tenant. The summons goes to the Leon County Sheriff's Office or a private process server.
  4. Ask for a default or a hearing. If the tenant does not respond in time, the landlord may move for a default.
  5. Obtain the writ of possession. After a final judgment, the Clerk issues the writ, and the Sheriff's Office must serve it.

Student leases bring their own issues: several roommates on one lease, a parent who signs a guaranty, and move outs that cluster in May and July. Under section 83.425, residential landlord tenant law is set by the state, not by local ordinance, so the same chapter 83 rules on deposits and notices apply across Tallahassee. Our landlord and tenant law and Florida eviction pages walk through those rules.

Buying near campus as an investor? Check whether the property will be titled to you or to an LLC before closing, because a later deed into an LLC can trigger documentary stamp tax, and confirm that existing leases and deposits transfer with the sale in writing.

Closings, title and commercial leasing

We review and negotiate purchase contracts, examine title commitments, and look for the problems that delay Tallahassee closings: open permits, unreleased mortgages, judgment liens and heirs who never probated a parent's estate. When a seller has died and title has not passed, our Leon County probate page explains how the estate is opened. Our real estate closings page sets out what we handle from contract to recording.

Commercial leasing in Leon County ranges from downtown offices near the Capitol to retail space along the main corridors. Nonresidential leases fall under part I of chapter 83 and depend mostly on their own terms: rent escalations, who pays taxes and insurance, use clauses, assignment and personal guaranties. Our commercial real estate page covers what we negotiate. Owners planning for the long term can also see our Tallahassee estate planning page, since a rental portfolio held in the right way can avoid probate.

How we work with Leon County clients

Leon County clients meet with an attorney by phone or video, or in person at any of our Florida offices. Real estate matters for areas without an office are handled remotely, and documents can be signed with a local notary. Your first consultation is free, and because the firm limits its caseload, you work directly with an attorney rather than being handed off. Start with our real estate law overview, or contact us to talk through your Tallahassee property.

More help in Leon County

We also help Leon County clients with:

Questions

Frequently asked questions

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With the Leon County Clerk's Official Records Division, at the County Courthouse at 301 S. Monroe Street or the Northeast Branch. Recording is $10.00 for the first page and $8.50 for each additional page, and electronic recording is available.

Register on the Leon County Clerk's website. The free service emails you within 24 hours when a document is recorded under a name you register, with up to five names per email address.

Leon County Court. Landlords file through the Clerk's County Civil division at 301 S. Monroe Street, and the writ of possession is served by the Leon County Sheriff's Office.

Generally no. Homestead requires that the owner live in the home as a permanent residence on January 1. A condo bought for a student is usually taxed as non homestead property.

No. Section 83.425 preempts local regulation of residential tenancies to the state, so chapter 83 sets the deposit and notice rules for Tallahassee rentals.

With the Leon County Property Appraiser, online or at the Government Annex at 315 South Calhoun Street. The deadline is March 1, and portability uses a separate form filed with the application.

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