Daytona Beach Real Estate Attorney

Volusia County runs from the beachside condominiums of Daytona Beach Shores and Ormond Beach to inland DeLand, the county seat. Most of the county's official business happens in DeLand, which is a surprise to Daytona Beach owners who assume their courthouse handles everything. This page lays out where deeds are recorded, how evictions work, what the Property Appraiser needs, and what coastal condo owners should know about the statewide milestone inspection law. Volusia is in the Seventh Judicial Circuit, together with Flagler, Putnam and St. Johns counties.

Communities we serve in Volusia County

• Daytona Beach and Daytona Beach Shores
• Ormond Beach
• DeLand
• Port Orange
• New Smyrna Beach
• Deltona and DeBary

Recording a deed in Volusia County

The Clerk charges $10 for the first page and $8.50 for each additional page, plus $1 for each name beyond four. Documentary stamp tax is 70 cents per $100 on deeds and 35 cents per $100 on mortgages, and the Clerk also collects the intangible tax on new mortgages. The Clerk says the drop box is only for documents that are not time sensitive, so a deed that must record the day of closing should go to DeLand in person. Every deed also needs two witnesses with names and post office addresses under section 695.26.

The Clerk's free Property Fraud Alert notifies you within 48 hours when a document is recorded under a name you monitor, with the Clerk Instrument Number so you can look it up online.

Coastal condos and milestone inspections

Section 553.899 applies statewide to condominium and cooperative buildings three habitable stories or more in height, which covers much of the Volusia beachfront. The first milestone inspection is due by December 31 of the year the building reaches 30 years of age, then every 10 years. The statute lets the local building official require it at 25 years based on conditions such as closeness to salt water, so ask the association which deadline its city applies. Phase one is a visual review by a licensed architect or engineer, and phase two follows only if phase one finds substantial structural deterioration.

Homestead with the Volusia County Property Appraiser

Homestead applications are due by March 1 of the year the exemption is to begin, and can be filed online, by bringing a completed form in, or in person at a Property Appraiser office. A few points matter for buyers and sellers:

• The exemption does not move with you. A new home needs a new application.
• If the home is held in a trust, the Property Appraiser asks for a copy of the entire trust agreement with the application.
• To use portability, you apply within three years and file the Save Our Homes Portability Application together with the homestead application. Section 193.155(8) caps the benefit at $500,000.

Evictions in Volusia County

The Clerk handles residential evictions at the Volusia County Courthouse in DeLand, prepares the case, summons and writs as the judge orders, and helps landlords and tenants with the eviction complaint and answer forms. Its filing requirements include:

1. A copy of the notice. For unpaid rent, the three day notice must accompany the complaint at filing. It excludes weekends and legal holidays.
2. A nonmilitary affidavit, which the Clerk requires with each suit.
3. The tenant's response. The Clerk explains that a tenant must both answer and pay rent into the court registry, and that doing only one can lead to a judgment for possession without further notice.
4. The writ. After a motion for default, the landlord can ask the Clerk to send the writ of possession directly to the Sheriff.

The Clerk's page still lists a 15 day notice to end a monthly tenancy with no written lease. Section 83.57 now requires at least 30 days before the end of a monthly rental period, so use the statute. Our eviction and landlord and tenant pages cover the rest of chapter 83.

Closings, timeshares and title

We review purchase contracts, title commitments, association documents and deeds for Volusia closings, and coordinate recording in DeLand. Timeshare and resort matters are part of our real estate practice, which matters in a county with a long resort coastline. When a title problem or a co owner dispute cannot be fixed at closing, see our real estate litigation page. For storefronts and restaurants on the beachside, our commercial real estate page explains how commercial leases work. Those leases fall under part I of chapter 83 and depend mostly on their own terms, and a commercial tenant sued for unpaid rent must pay the alleged rent into the court registry under section 83.232 to keep its defenses.

How we work with Volusia County clients

Volusia clients can meet with an attorney at our Orlando office, about an hour from Daytona Beach and DeLand, or by phone or video. Video suits owners who live out of state part of the year. Your first consultation is free, and because the firm limits its caseload, you work directly with an attorney. For planning around the same property, see our Volusia estate planning, Volusia probate and Volusia elder law pages. Learn more about our real estate practice or contact us.