Frequently Asked Questions
Common legal questions regarding Florida civil litigation, property disputes, and tenancy laws.
Evictions & Landlord Representation
What is the first step in evicting a non-paying tenant in Florida?
Under Florida law, the landlord must first deliver a legally compliant statutory 3-Day Notice to Pay or Vacate. If the tenant fails to pay the full past-due rent within three business days (excluding weekends and legal holidays), the landlord may proceed with filing an eviction lawsuit in county court.
Can a landlord physically remove a tenant or change locks?
No. Self-help evictions are illegal in Florida under Section 83.67. Only a sheriff with a court-issued Writ of Possession can physically execute an eviction.
Foreclosures & Private Lending
How does private lender foreclosure work in Florida?
Because Florida is a judicial foreclosure state, private lenders and mortgagees must file a lawsuit in circuit court to enforce their security interest, obtain summary judgment, and set the property for judicial auction.
Does your firm handle bank foreclosures?
Our firm focuses on representing private lenders, noteholders, and property owners/borrowers. We do not represent institutional banking conglomerates.
Real Estate Partitions & Property Co-Ownership
What happens if one sibling wants to sell inherited property but another refuses?
Any co-owner can file a partition action under Florida Statutes Chapter 64. The court will order the property appraised and sold, with net proceeds distributed according to each owner's interest after accounting for expenses.
Have a Specific Question About Your Case?
Every legal situation is unique. Contact Attorney James E. Orth Jr. to discuss your specific facts.