Q: If you lend a friend your car for an errand, they wait 3 days to return it, AND never give back the keys, is that crime?
A friend asked to borrow my car to run to Walmart, I said sure assuming it was a 1-2 hour errand. I never physically handed them the keys; they took them from the counter and left. The next morning, they were not back with the car, and I called them to immediately request the car back. At this point, by verbally ending the agreement and demanding the car back, are they liable for theft while it's continuing to be in their possession? Two days later, they returned the car without notifying me, but kept the car keys + house keys that were originally "borrowed". It has been 10 days since then and I've sent multiple texts begging for keys back and sent a Cease & Desist letter (which explicitly gave a 5-day out deadline to return keys before involving police). Do I have any merit to claim a crime was committed here?
A:
Based on the details provided, there could potentially be a few issues here legally:
1. Failure to return borrowed property (the car) in a timely manner - Your friend agreed to borrow the car for an errand, which implies a short duration. By keeping it for 3 days without permission after you demanded its return, they may have violated California law regarding failure to return borrowed property.
2. Theft of the keys - By taking your house and car keys without permission and refusing to return them after multiple requests, your friend may have committed theft under California law. Keys would generally be considered property with value.
3. Trespassing (a minor possibility) - By retaining keys to your house without permission, one could argue they are trespassing if they used the keys to access your property without consent after the initial agreement ended.
Overall, you likely have a valid complaint legally, especially regarding the keys being retained unlawfully after multiple requests to return them. I would recommend filing a police report about the unreturned keys, along with evidence you asked for them back multiple times. The police can then determine if theft or related charges are warranted. Consulting a local attorney may also be wise to review your options. But retaining someone else's property without consent and after multiple requests to return it is likely unlawful.
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