Failure to Return Rental Property Defense In Lake County

Failure to Return Rental Property

Whether it’s a rental car from the Orlando airport, heavy equipment from a Clermont hardware store, or furniture from a “rent-to-own” center, Florida law treats the failure to return these items as a form of theft. These cases may even be prosecuted as a type of felony theft if the value exceeds $300.

The “Demand Letter” Trap

The law provides a specific “shortcut” for prosecutors to prove your intent. Under F.S. § 812.155(4)(b), if the owner sends a written demand for the return of the property via certified mail or tracked courier, and you fail to return the item within 5 days, the court can “presume” you intended to steal it.

Penalties and Classifications

The State determines the severity of your charge based strictly on the value of the property. Under Florida law, these penalties are categorized as follows:

• Second-Degree Misdemeanor (Property Value under $300): If the value of the unreturned item is less than $300, you face up to 60 days in jail and a fine of up to $500.

• Third-Degree Felony (Property Value $300 or more): If the value is $300 or more, the State will elevate the charge to a third-degree felony. This carries a heavy penalty of up to five years in Florida State Prison and a fine of $5,000.

Note on Rental Vehicles: If you fail to return a rental car at the expiration of the lease, the company can report the vehicle as stolen immediately. This can lead to a high-risk felony traffic stop by the Lake County Sheriff..

Strategic Defenses: Why This is Often a Civil Matter

As a former prosecutor, Attorney Lewis knows that many of these arrests are “debt collector” tactics used by companies to force payment. We fight back by exposing the flaws in the State’s case:

1. The “Initial” Prerequisite (Notice Requirement)

Under F.S. § 812.155(6), for a business to prosecute you, the rental contract must contain a specific warning statement about criminal penalties, and that statement must be initialed by you. If the company failed to get your initials on that specific box, the prosecution may be legally barred.

2. Lack of “Willful” Intent

The State must prove you knowingly refused to return the property. If the property was stolen from you, lost in a fire, or if you were hospitalized and unable to communicate, your failure to return the item was not a willful criminal act.

3. Inadequate Service of Demand

If the certified letter was sent to the wrong address or you never actually received it, the “5-day presumption” of guilt cannot be used against you.

4. Verbal Extensions & Consent

Often, a store manager will verbally tell a customer, “Just bring it back next Tuesday.” If there was an oral agreement to extend the rental, you cannot be charged with a crime for following those instructions, even if the written contract says otherwise.

The Lewis Defense Law Advantage

A conviction for a “crime of dishonesty” like this can ruin your ability to get a job, a loan, or a lease in the future.

• Inside Knowledge: I know how to show a prosecutor that your case belongs in civil court, not a criminal one.

• Pre-File Restitution: Attorney Lewis may be able to resolve the cases before charges are filed by arranging for the return of the property or payment of restitution.

• Trial Ready: If a predatory rental company is trying to make an example of you, Lewis Defense Law is prepared to take the case to a jury to prove your innocence.