Failure to Return Leased Property in Florida

When you borrow something, naturally the person you borrowed it from will want it back. That’s why lenders use a lease or contract establishing the terms for borrowing something (such as a piece of property) for a defined period of time — with the intent to return it. When a person does not follow an outlined lease agreement and fails to return the property, it’s considered theft and they can face serious criminal charges.

If you or someone you know is facing charges for failing to return borrowed property in Florida, the lawyers at The Umansky Law Firm are here to help you get a second chance. They care about you and will work tirelessly to help you win the best possible outcome in your case.

What is Considered Failure to Return Property in Florida?

Failure to Return Property is outlined in Florida statute 812.155.

“Whoever, after hiring or leasing personal property or equipment under an agreement to return the personal property to the person letting the personal property or equipment or his or her agent at the termination of the period for which it was let, shall, without the consent of the person or persons knowingly abandon or refuse to return the personal property or equipment as agreed, commits a misdemeanor of the second degree.”

A person can face charges for failing to return any type of physical property such as:

  • Vehicles
  • Electronics
  • A house
  • Tools and more.

When a person is charged with failure to return property, the penalties they face are serious.

Penalties for a second-degree misdemeanor such as Failure To Return Leased Property include:

  • Up to 1-year of incarceration
  • Up to $1,000 in fines
  • Up to 1-year of probation

A knowledgeable criminal defense attorney will be able to help you understand the court process for the charges you face and develop a viable defense strategy that works to lessen the penalties if you’re convicted.

Am I Required To Receive a Notice To Return Property?

To be charged with Failure to Return Leased Property in Florida, you must receive notice from the lessor regarding the return. Likewise, the appropriate language must be used in your lease agreement for the lessor to press charges. If the proper notice was not provided, then the prosecution has little to no case against you.

Even if you believe the other party has no case, however, it’s imperative to seek trusted legal counsel. Any time you face charges in court, the right defense strategy can be the difference between returning to your normal life or spending time in jail.

Possible Defense Strategies for Failure to Return Property

At The Umansky Law Firm, we know that the best defense strategies are developed by working closely with our clients. That’s why we take the time to sit down and get to know you before creating the strategy for your case. We will also work hard to gather the evidence we need for your case to stand up in court.

Some of the most common and effective defense strategies for failure to return property include:

  • Consent to extend the lease from the property owner
  • Property was stolen
  • Property was lost
  • No notice to return the property
  • No signed contract/agreement
  • Mistaken failure to return the property

Failing to return property can be an innocent and honest mistake. Don’t let that one mistake define your life. Contact a trusted and experienced lawyer to help you with your case.

Experienced Property Lawyers in Orlando

At The Umansky Law Firm, we have more than 100 years of combined experience defending criminal cases in the Orlando area. We use our knowledge as former prosecutors to build viable defense strategies that win cases in court. Over the years, we have been recognized as some of the top attorneys in Florida by Avvo.com.

To schedule a free consultation, call 407-228-3838 or contact us online today.