Miami Real Estate Attorney

Real estate in Miami-Dade runs on a different set of numbers from the rest of Florida. The county has its own documentary stamp rate and surtax, its own building recertification program that predates the state's condo inspection law, and an eviction system divided into court districts. Buyers from abroad, investors holding property through companies, and families who have owned the same house for decades all meet these rules sooner or later. This page sets out what is specific to Miami-Dade so you know which office handles each step.

Communities we serve in Miami-Dade County

• Miami, including Brickell, Downtown and Little Havana
• Coral Gables
• Aventura
• Miami Beach
• Doral and Kendall
• Homestead

Recording a deed in Miami-Dade

Miami-Dade does not have a separate recording agency. The County Recorder's office sits within the Clerk of the Court and Comptroller and keeps the county's Official Records. Documents can be recorded in person at the Osvaldo N. Soto Miami-Dade Justice Center, by mail to the Office of County Recorder at 20 NW 1st Avenue, Suite 5.246, or electronically through one of the Clerk's approved vendors. The Clerk's published fee for most documents is $10 for the first page and $8.50 for each additional page.

The Clerk lists what a deed needs before it will be accepted for recording:

• Two witnesses, with each witness's name and post office address printed or stamped beneath the signature.
• A full notary acknowledgment.
• A "Prepared by" statement with the preparer's name and address.

A deed that is missing any of these comes back, and a closing that seemed finished is suddenly open again. Our real estate closing page explains how the deed fits into the rest of the closing.

Miami-Dade documentary stamp tax and surtax

Florida charges documentary stamp tax on deeds, paid to the clerk when the deed is recorded. Everywhere else in the state the rate is 70 cents per $100 of consideration. Miami-Dade is different:

For investors this matters at the contract stage. On a $1,000,000 commercial purchase, the combined Miami-Dade rate produces $10,500 in tax, compared with $7,000 at the statewide rate. Who pays the tax is a matter for the contract, so it is worth settling before you sign rather than at the closing table.

Watching your title after closing

Deed fraud usually targets property the owner does not visit often: a vacant lot, an inherited house, a condo owned by someone overseas. The Clerk runs a free Property Fraud Alert that emails you within 24 hours when a document is recorded against the folio number or name you register. The alert includes the Clerk's File Number so you can pull the document from Official Records and look at it. It cannot stop a forged deed from being recorded, but it lets you act quickly. If a bad deed has already been recorded, our real estate litigation page explains quiet title and related actions.

Homestead and portability at the Property Appraiser

If you are buying a home to live in, the homestead exemption is a separate step with the Miami-Dade Property Appraiser, due by March 1 under section 196.011. You must hold title and live in the home as of January 1. The Property Appraiser accepts applications online, by appointment or by walking in at the Stephen P. Clark Center downtown or the South Dade Government Center in Cutler Bay. If the home is titled in a trust, it asks for the trust document.

Moving from another Florida homestead? Under section 193.155(8), you can generally carry up to $500,000 of your Save Our Homes benefit to the new home if you had a homestead exemption on January 1 of any of the three preceding years. The Property Appraiser handles this as a separate portability application, so file it with the new homestead application. Our Florida homestead page covers the constitutional side of homestead.

Condo buildings: county recertification and state milestone inspections

Miami-Dade has its own building recertification program. Under the county code, a building becomes subject to recertification at 30 years and every 10 years after that, with exemptions for single family homes, duplexes and small buildings of 2,000 square feet or less with an occupant load of 10 or less. Owners have 90 days after a Notice of Required Recertification to submit an engineer's or architect's report. In unincorporated Miami-Dade the county handles recertification; each of the 35 municipalities handles its own.

On top of that, section 553.899 of the Florida Statutes requires milestone inspections of condominium and cooperative buildings three or more stories tall, by December 31 of the year the building turns 30 and every 10 years after, and allows the local agency to use 25 years where conditions such as salt water warrant. The association must send unit owners the inspector's summary within 45 days of receiving the report. If you are buying a condo, ask for that summary and the building's recertification status before your inspection period ends.

Evictions in Miami-Dade County Court

Residential and commercial evictions are county court cases. In Miami-Dade, the Clerk requires that a landlord and tenant case be filed in the court district where the property is located, and its Eviction Filing Court Location Finder shows which one. The process generally runs like this:

1. Serve the correct written notice. For unpaid rent, the three day notice excludes Saturdays, Sundays and legal holidays (section 83.56(3)).
2. File the complaint in the right district. The Clerk publishes the residential eviction summons in English, Spanish, Creole and French.
3. If the tenant must deposit rent into the court registry, note that the Clerk accepts registry deposits by wire transfer only, with the case number in the reference line.
4. After judgment, the writ of possession goes to the sheriff for service.

Florida now preempts local rules on residential tenancies. Section 83.425 reserves to the state the regulation of matters such as screening, deposits, lease terms and notice requirements, so the rules in chapter 83 govern a Miami-Dade rental. Our Florida eviction and landlord and tenant pages walk through those rules in detail.

Commercial leasing in Miami-Dade

For offices, retail and warehouse space, the lease does most of the work. Since October 1, 2025, Florida no longer charges state sales tax on commercial rent for rental periods beginning on or after that date, according to the Department of Revenue, so older leases with tax pass through clauses are worth a fresh look. Our commercial real estate page covers leasing, due diligence and land use. If your property sits inside a business you are forming or selling, our Miami business law page picks up there.

How we work with Miami-Dade clients

Miami-Dade clients can meet with an attorney at our Fort Lauderdale office or by phone or video, and real estate matters can be handled remotely from contract to recording. Your first consultation is free. Because the firm limits its caseload, you work directly with an attorney throughout. If the property is part of a family plan, see our Miami estate planning, Miami-Dade probate and elder law pages. Contact us to start.