5975 Sunset Dr #502
South Miami, FL 33143
Attorney on call 24/7

Failure to Return Personal Property

If you were charged with a third (3rd) degree felony charge for “failure to redeliver hired or leased personal property or equipment” under Section 812.155(3), Florida Statutes, then call E.J. Hubbs to discuss your case. E.J. Hubbs represents clients charged with the failure to return leased property and related charges in Miami, Miami-Dade County and the surrounding areas in South Florida. Call (305) 615-5945 today.

In these prosecutions, the State Attorney’s Office must prove, among other things, that the lessee failed to return the property or equipment after receipt of, or within 5 days after return receipt from, the certified mailing of the demand for the return of the property or equipment. 

In many of these cases, the merchants will send letters demanding payments and/or requesting arrangements for payments and/or the return of property or equipment. In some of these cases, the lessee will make several payments and then stopped paying. The merchant will then file a police report, based on the original letter without disclosing the subsequent agreements. 

In many of these cases, a motion to dismiss can be filed because this procedure is not appropriate because the statute requires a demand for the return of the property at the termination of the period for which the property or equipment was leased.

Once the lessee has failed to make payments, letters asking for payments, arrangement for payments and/or the return of the property or equipment can be sent. However, if no payments or arrangements for payments are made and the property or equipment is not returned, a certified letter, return receipt requested, terminating the contract and demanding the return of the property or equipment, should be sent, in accordance with section 812.155, Florida Statutes.

Then if the lessee fails to make payments, letters asking for payments, arrangement for payments and/or the return of the property or equipment can be sent. If no payments or arrangements for payments are made and the property or equipment is not returned, then a certified letter, return receipt requested, terminating the contract and demanding the return of the property or equipment, should be sent, in accordance with section 812.155, Florida Statutes. 


 

Penalties for "Failing to Returned Leased Property"

Under Florida law, the failure to return or redeliver hired, leased, or rented personal property can be charged as either a misdemeanor or a felony. The classification of the crime as a felony or a misdemeanor depends on the value of the property or equipment in question.


The Sample "DEMAND FOR RETURN OF PROPERTY" Letter

The State Attorney’s Office in Miami will suggest that merchants use the following sample letter: 

DEMAND FOR RETURN OF PROPERTY 

You are hereby notified that the leasing contract you signed on________, has been terminated for failure to meet your payment requirements. This is a demand for the immediate return of _____________ that you leased from us on _______. Pursuant to Florida Law, you have 5 days from the date of this notice to return our property or equipment. 

As indicated on your rental agreement, failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are prima facie evidence of intent to defraud, punishable in accordance with section 812.155, Florida Statutes. 

Unless our property is returned 5 days from the date of this notice, we will refer this matter to the ____________ Police Department for criminal prosecution. 


Attorney for Failure to Returned Leased Property in Miami, FL

If you were charged with failing to return leased property in Miami, FL, or the surrounding areas in Miami-Dade County, then contact attorney E.J. Hubbs to discuss your case. E.J. Hubbs represents clients charged with a variety of serious property crimes related to fraud or theft.

Call (305) 615-5945 today. 


This article was last updated on Tuesday, September 20, 2016.

Ask for a Free Case Review

All fields are required.

Visit Our Office

office
5975 Sunset Dr #502
South Miami, FL 33143
Map It

Read Our Blog

blog buttonRead Our Recent Blog Posts

What Happens If I was Arrested and The Officer Never Read Miranda

What Happens If I was Arrested and The Officer Never Read Miranda

Law enforcement officers are required to read an individual his or her Miranda Rights before placing the individual under arrest or placing them in custodial interrogation; however, many Floridians' rights are violated and they are never read Miranda. Learn more about what happens if the officer does not read Miranda[...]

Read more

Negative Consequences of the Pre-Trial Intervention Program and Pre-Trial Diversion Program on Non U.S. Citizens

Negative Consequences of the Pre-Trial Intervention Program and Pre-Trial Diversion Program on Non U.S. Citizens

Pre-trial diversion and pre-trial intervention programs are potential ways to avoid a criminal conviction; however, accepting pre-trial intervention or pre-trial diversion can have detrimental implications for non U.S. citizens. [...]

Read more

Supreme Court Blocks President Obama's Immigration Reform (DAPA and DACA)

Supreme Court Blocks President Obama's Immigration Reform (DAPA and DACA)

In a 4-4 decision the United States Supreme Court affirmed the lower court ruling blocking deferred action immigration reform that would grant lawful status and work authorization to more than 4 million undocumented persons in the U.S. [...]

Read more