Failure to return leased or rented property is charged under section 812.155, and it is one of the most over-filed theft charges in Florida, because it is often a contract dispute treated as a crime. The statute is narrow, and it gives the defense several footholds the State has to clear.
The Charge, by Value
Whether keeping the property is a misdemeanor or a felony turns on its value, the same way ordinary theft does.
| Value of the property | Degree | Maximum |
|---|---|---|
| Less than $300 | Second-degree misdemeanor | 60 days |
| $300 or more | Third-degree felony | 5 years |
The same value lines apply to obtaining property by trick and to hiring or leasing with intent to defraud. Statutes and holdings last verified June 2026.
I began as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, where theft cases move in volume and the State counts on no one testing the proof. Almost every theft charge turns on three things the prosecutor has to prove, the value of what was taken, the intent to deprive, and, in a stolen-property case, knowledge that the goods were stolen, and all three are softer than they look. I know how the State builds a theft case and where it tends to fall apart, on a value that cannot be proven, on an intent that was never there, and on the search that produced the evidence. Learn more about my background.
The Notice Requirement and the Demand
This charge has built-in protections. As a prerequisite to prosecution, the lease or an addendum must contain a specific statutory warning, initialed by the renter, that failing to return the property and pay what is owed is evidence of intent to defraud. Then the owner usually has to send a certified-mail demand for the return. A failure to return within five days of that demand is treated as evidence of fraudulent intent, but only where the amount owed is not in real dispute. A missing notice or a contested bill can stop the case cold.
Intent to Defraud Is the Heart of It
The State must prove an intent to defraud, not merely a late return. That is the line between a crime and a civil debt. An inability to pay, a lost job, a dispute over damage charges or fees, or an honest belief that more time had been arranged all cut against the intent the statute requires. Where the facts show a renter who fell behind rather than one who set out to cheat the owner, the charge does not hold.
How I Defend a Failure-to-Return Charge
I start with the agreement and the notice, because if the required statutory warning is missing the prosecution should not proceed at all. Then I press the intent element, the demand procedure, and any dispute over the amount owed, and I check the value against the $300 line. These cases often resolve through return and restitution rather than a conviction, which protects against a felony record.
Common Questions
Is failing to return a rental a crime?
It can be, under section 812.155, but only when the State can prove an intent to defraud, not just a late or missed return. Keeping leased property or a rental after the term, without the owner's consent and with intent to defraud, is a second-degree misdemeanor under $300 and a third-degree felony at $300 or more. A simple billing dispute or a misunderstanding is not the crime.
Does the lease have to say something specific?
Yes, and it matters. As a prerequisite to prosecution, the rental agreement, or an addendum to it, must contain a specific statutory warning that failing to return the property and pay what is owed is evidence of intent to defraud, and the renter must have initialed it. If that notice is missing, the case has a serious problem before it starts.
What is the demand letter about?
Before these cases proceed, the owner typically sends a certified-mail demand for the property's return. Florida law treats a failure to return the property within five days of that demand as evidence of fraudulent intent, but only where there is no real dispute about what is owed. A documented dispute over the bill cuts against that inference.
What if I just could not pay or got behind?
That goes to the heart of the defense. The crime requires an intent to defraud, so an inability to pay, a lost job, a real dispute over charges, or a good-faith belief that you had more time is not the same as a scheme to cheat the owner. Many of these cases are really contract disputes that should never have been filed as theft.
What are the defenses to this charge?
The main defenses are the missing or defective statutory notice, the lack of intent to defraud, a real dispute over the amount owed, and a value under $300 that keeps the case a misdemeanor. The certified-mail demand procedure and the condition of the agreement are all worth examining closely, because each is a place these prosecutions fall apart.
Related: Theft overview, Petit theft, Grand theft, and Worthless checks.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Theft offenses are governed mainly by chapter 812, Florida Statutes, and the degrees and value thresholds change, so they should be confirmed against current law. Every case turns on its own facts, and past results do not guarantee a similar outcome.
