In Florida, failure to return rental property is considered a form of theft and is governed by Florida Statutes § 812.155. This statute covers the unlawful retention of leased or rented property after the rental period has expired. The law applies to various types of rented property, such as vehicles, tools, equipment, and other personal property. Whether it is a rental car from Hertz at the Jax Airport or power tool from Home Depot in Jacksonville, failure to return it can result in big trouble.  If you're facing a charge like this it is important to have a Duval County defense attorney in your corner.  Let's look more closely at this law:

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Definition of Failure to Return Rental Property:

Failure to return rental property occurs when:

1. A person leases or rents personal property from another person or business.

2. The rental period has expired, or the person stops making payments under the rental agreement.

3. The person fails to return the property or pay for an extension within a specified period after the rental period ends.

4. The failure to return the property is done with the intent to defraud the owner or deprive them of the property.

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Legal Presumption of Intent:

Florida law provides a presumption of intent to defraud if:

- 72 hours have passed since the return date specified in the rental agreement, and the renter has not returned the property or extended the rental period.

- 5 days have passed since a demand for return of the property was made in writing, and the renter has failed to return it.

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Penalties for Failure to Return Rental Property:

The severity of the charge depends on the value of the rental property and the circumstances of the case:

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1. Third-Degree Felony:

Applies when: The value of the rental property is $300 or more.

Penalties:

Prison Time: Up to 5 years in prison.

Probation: Up to 5 years.

Fines: Up to $5,000.

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2. Second-Degree Misdemeanor:

Applies when: The value of the rental property is less than $300.

Penalties:

Jail Time: Up to 60 days in jail.

Fines: Up to $500.

 

Additional Consequences:

Restitution: The court may order the defendant to pay restitution to the owner for the value of the rental property or any damages incurred.

Civil Lawsuits: In addition to criminal charges, the rental company or property owner may file a civil lawsuit to recover the value of the property.

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Defenses to Failure to Return Rental Property Charges:

Several defenses may be available to someone charged with failure to return rental property, including:

Lack of Intent: Arguing that the failure to return the property was not intentional or done with fraudulent intent.

Agreement with the Owner: Demonstrating that the renter had an agreement with the owner to extend the rental period or return the property at a later date.

Inability to Return Due to Circumstances: Proving that the renter was unable to return the property due to unforeseen circumstances, such as an accident or other emergencies.

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Importance of Legal Representation:

Because failure to return rental property can lead to criminal charges and a permanent criminal record, it is important for anyone accused of this offense to seek legal representation.

 

An experienced attorney can help negotiate with the rental company, challenge the evidence, and develop a defense strategy to reduce or dismiss the charges.

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In summary, failing to return rental property in Florida is considered a criminal offense that can result in significant legal penalties, including jail time and fines. If accused of this crime in Duval County or anywhere in Florida, it is essential to address the situation promptly and seek legal advice to protect your rights.  Call our office today for a free and confidential consultation.