Eric Feichthaler

Dear Mr. Feichthaler:

I am a Canadian resident but I hope to spend a lot more time in Florida. Without homestead, I have been paying higher and higher property taxes every year on my condominium, and I don’t receive the $50,000 exemption. Am I eligible as a Canadian resident?

— Gail M.

Dear Gail:

The Florida Constitution requires permanent residence in Florida to be eligible. Permanent residence requires the majority of days in Florida, living at the property in question. You must be a U.S. citizen OR be a permanent resident (green card) to qualify as well. Florida law also allows foreign non-residents with an E-2 visa to qualify for homestead, but only if their U.S. citizen dependents live at the property as their permanent residence.

Generally, my Canadian clients that visit part-year do not qualify for homestead. Thankfully, our property taxes are fairly reasonable compared to some jurisdictions in Canada and the Northeast, and hopefully you are finding that to be the case here as well. We hope you enjoy many sunny days in the coming winter.

Eric P. Feichthaler has lived in Cape Coral for over 33 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, Cape Coral Historical Museum, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 20 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator.

This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.