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My 22 yo daughter took my car this morning with out my

My 22 yo daughter...

My 22 yo daughter took my car this morning with out my permission, want to boot her out.. we are in Delaware do i have to file with the courts?

Lawyer's Assistant: Have you talked to a DE lawyer about this?

No

Lawyer's Assistant: What steps have you taken so far?

Told her I want her out, she says I have to give her 90 days, because she receives mail here, but she is not on the lease we have with our landlord.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of.

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Answered in 1 minute by:
3/22/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,715
Experience: Just Answer consultant at Self employed
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I am sorry to hear this.
Unfortunately the courts will give a long term resident the same benefits as a tenant because they will typically find an oral or implied lease.
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,715
Experience: Just Answer consultant at Self employed
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legalgems and 87 other Legal Specialists are ready to help you
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If a tenant violates the law (theft ) the party can serve a 7 day unconditional notice to quit. Then if the party remains they may be sued for unlawful detainer and one can request legal fees as well.If a judgment is issued it is a public record so it's reported to the credit bureaus and makes it difficult to rent in the future which is why many people will leave without an eviction.
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Customer reply replied 4 months ago

Did you get my last two messages?

No. Did you post then in a new question?
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Customer reply replied 4 months ago

No I hit reply to expert. They were:

She just moved back in about 2 months ago only because she got caught staying with her boyfriend at his parents house without their knowledge, and just to verify, whether I knew where she was or not, the fact that I didn't give permission to use the vehicle is still stealing right?

Usually if a person is there for 1 month the court will find a month to month tenancy.
And yes. Taking a car without permission is theft ( as it is with any object not just cars ).The implied tenancy is something most people are not aware of so too often people who tried to do a friend or relative a favor end up finding they all of a sudden have rights which seems not very fair.
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Customer reply replied 4 months ago

There was a verbal, but she didn't follow that either. Her rent was 65/wk but she had only made 2 $65 payments them she lost her job cause her boss caught her lying about a reason she gave for leaving work early.

A failure to pay rent only requirks a 3 day notice and then one may begin eviction
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Customer reply replied 4 months ago

Really? that's nice to know. Thank you very much, and all this is per Delaware Law right? I know I only gave you an ok rating and if I could afford it I would change it to excellent. You were great help.

It is all relevant specific to Delaware but I do apologize. There is a typo and the failure to pay is 5 days, not three.Sorry you are having to deal with this. Hopefully it will be resolved without having to file in court.
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