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Bill Attorney
Bill Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 177
Experience:  Attorney
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My nephew and his girl friend are living in family property

Customer Question

My nephew and his girl friend are living in family property owned by me and my sister they pay no rent she started seeing someone else and will not leave the property although they are currently not togather. we wants her gone we all do what can I do?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: delaware
JA: Has any paperwork been filed?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: there has never been any type of rental agreement although I know that doen not matter cause she was living there with him
Submitted: 4 days ago.
Category: Real Estate Law
Expert:  Bill Attorney replied 4 days ago.

This is attorney Bill, I just logged in and will be answering your question today.

This may take a few minutes, feel free to follow up on my answer afterwards.

Thanks

Bill

Expert:  Bill Attorney replied 4 days ago.

Thank You for your patience. Because the girlfreind has paid no rent she is not a tenant in law, you can change the locks and deny her access to the property as of right, as she is merely a lodger subjject to the true owner's right of possession and discretion as to whether she stays. You can bag up her stufff and and ask her to collect it, she has no remedy in law as a lodger.

If she is resisting these peaceful attempt to oust her there is a court process to oust her in Delaware.

This process is expedient and usually takes 20 days from the time of filing.

You bring an action for summary possession in the local justice court.

After winning the action a writ of possession will be ordered and the girlfreind's sunsequent attempt to gain access to the property can brought to the police's attention.

Landlord tenant law in Delaware describes this action precisely

An action for summary possession in accordance with § 5702 of this title shall be maintained in the Justice of the Peace Court which handles civil cases and which is closest to the premises or commercial rental unit and in the same county.

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Attorney Bill

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