A. A person commits unlawful failure to return rented property if, without notice to and permission of the lessor of the property, the person knowingly fails without good cause to return the property within seventy-two hours after the time provided for return in the rental agreement.
B. If the property is not leased on a periodic tenancy basis, the person who rents out the property shall include the following information, clearly written as part of the terms of the rental agreement:
1. The date and time the property is required to be returned.
2. The maximum penalties if the property is not returned within seventy-two hours of the date and time listed in paragraph 1.
C. If the property is leased on a periodic tenancy basis without a fixed expiration or return date the lessor shall include within the lease clear written notice that the lessee is required to return the property within seventy-two hours from the date and time of the failure to pay any periodic lease payment required by the lease.
D. It is a defense to prosecution under this section that the defendant was physically incapacitated and unable to request or obtain permission of the lessor to retain the property or that the property itself was in such a condition, through no fault of the defendant, that it could not be returned to the lessor within such time.
E. Unlawful failure to return rented or leased property if the property is a motor vehicle is a class 5 felony. In all other cases, unlawful failure to return rented or leased property is a class 1 misdemeanor.
Notes of Decisions
Cited in
7
cases, 1983–2016 · leading case:
State v. Mussiah, 685 P.2d 1364 (Ariz. Ct. App. 1984).
State v. Mussiah, 685 P.2d 1364 (Ariz. Ct. App. 1984).
· cites it 12× “On December 13, 1982, he pled guilty to the reduced charge of failure to return rented property under A.R.S. § 13-1806, in exchange for dismissal of the theft charge and a guarantee of probation.”
State v. Morgan, 808 P.2d 348 (Ariz. Ct. App. 1991).
· cites it 6× “History Defendant was tried and found guilty of failure to return rental equipment, a class 6 felony, in violation of Ariz.Rev.Stat.Ann. § 13-1806 (1989). Defendant had rented a welder generator from A to Z Rentals; under the terms of the rental contract, the generator was due…”
People v. Cardenas, 338 P.3d 430 (Colo. Ct. App. 2014).
“1835 (2014); Ariz.Rev.Stat. Ann. §§ 13-1806 to - 1308 (2014); Ark.”
State v. Lara, 379 P.3d 224 (Ariz. Ct. App. 2016).
· cites it 2× “The indictment at issue here alleged that Lara committed the offense of shoplifting with two or more prior convictions—a class 4 felony in violation of A.R.S. § 13-1806(1). As relevant, AR.S. § 13-1805(1) provides: A person who .”
State v. Chapin, 928 P.2d 711 (Ariz. Ct. App. 1996).
· cites it 13× “A.R.S. § 13-1806 provides in pertinent part: A A person commits unlawful failure to return rented property if, without notice to and permission of the lessor of property, such person knowingly fails without good cause to return such property within seventy-two hoius after the…”
State v. Newell, 670 P.2d 1178 (Ariz. Ct. App. 1983).
· cites it 6× “§ 13-1802(A)(2) without committing the offense of unlawful failure to return rented property, A.R.S. § 13-1806. For example, A, an employer, entrusts his automobile to B, his employee, with instructions to drive to Phoenix and deliver a package to a customer.”
United States v. William Murphy, 438 F. App'x 557 (9th Cir. 2011).
“They also discovered that the rental agency had not received any further notice from Murphy regarding his continued rental of the truck.”
— Ariz. Rev. Stat. § 13-1806(1) — 1 case
State v. Lara, 379 P.3d 224 (Ariz. Ct. App. 2016).
“The indictment at issue here alleged that Lara committed the offense of shoplifting with two or more prior convictions—a class 4 felony in violation of A.R.S. § 13-1806(1). As relevant, AR.S. § 13-1805(1) provides: A person who .”
— Ariz. Rev. Stat. § 13-1806(A) — 3 cases
State v. Morgan, 808 P.2d 348 (Ariz. Ct. App. 1991).
“History Defendant was tried and found guilty of failure to return rental equipment, a class 6 felony, in violation of Ariz.Rev.Stat.Ann. § 13-1806 (1989). Defendant had rented a welder generator from A to Z Rentals; under the terms of the rental contract, the generator was due…”
State v. Mussiah, 685 P.2d 1364 (Ariz. Ct. App. 1984).
“On December 13, 1982, he pled guilty to the reduced charge of failure to return rented property under A.R.S. § 13-1806, in exchange for dismissal of the theft charge and a guarantee of probation.”
State v. Newell, 670 P.2d 1178 (Ariz. Ct. App. 1983).
“§ 13-1802(A)(2) without committing the offense of unlawful failure to return rented property, A.R.S. § 13-1806. For example, A, an employer, entrusts his automobile to B, his employee, with instructions to drive to Phoenix and deliver a package to a customer.”
— Ariz. Rev. Stat. § 13-1806(B) — 1 case
State v. Chapin, 928 P.2d 711 (Ariz. Ct. App. 1996).
“A.R.S. § 13-1806 provides in pertinent part: A A person commits unlawful failure to return rented property if, without notice to and permission of the lessor of property, such person knowingly fails without good cause to return such property within seventy-two hoius after the…”
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