How long does the DA have to pick up a case if there was never any charges filed?

And can an apartment complex evict you if you were never charged if the lease states that if you were arrested and charged or convicted?

Asked on July 18, 2012 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can only be evicted for criminal activity if the lease allows this, and only in accordance with the terms of the lease. If the lease states you could only be evicted for, for example, a conviction, then you could not be evicted until and unless you are convicted. You need to review the lease to see when and under what circumstances you can be evicted. Some leases, especially in public housing, do not require a criminal conviction, or even charges, to evict, if there is evidence which tends to prove that it is more likely than not that a criminal act (especially involving drugs) was committed.

A DA can typically wait months or even more than a year before pressing charges; the exact amount of time depends on the specific charge(s).

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