Failing to return rental furniture or electronics on time and not paying any outstanding rental fees is considered a breach of contract by rental companies. While it is taken seriously, the consequences typically remain on the civil side rather than the criminal side.
In this article, we will explore the legal implications of not returning rental items and whether jail time is a possible outcome.
Can I go to jail for not returning rental furniture?
The short answer is no, you will not go to jail for failure to return rental furniture. Not fulfilling the terms of a rental agreement is considered a civil matter, not a criminal one. The rental company's remedy would be to pursue compensation through small claims court, not involving law enforcement or potential jail time.
At most, failure to pay fees or return items could result in civil penalties like wage garnishment or liens, but no criminal charges.
Related: Can You Go To Jail For Not Paying Rent?
What are the potential civil consequences?
On the civil side, there are a few consequences a rental company may pursue if items are not returned or fees are not paid. They could sue in small claims court for the costs of the unused rental period and replacement value of any unreturned items. If awarded in court, they could then pursue collection methods like putting a lien on your property or garnishing your wages.
They may also report the unpaid debt to credit bureaus, hurting your credit score. Late and non-payment are breaches of contract but not criminal acts.
Will I face criminal charges like theft?
While a rental company may threaten criminal charges like theft, those threats are generally empty when it comes to unreturned furniture. For theft charges to be applicable, it must be proven that at the time of non-payment or non-return, the renter had criminal intent to deprive the owner of the property.
That is a high legal standard and often difficult to demonstrate in these civil financial disputes over rental agreements and unpaid bills. Prosecutors typically do not pursue criminal theft charges in these situations.
What factors determine if theft charges are possible?
For a rental of high-value items like electronics, two factors come into play to determine if actual theft charges could theoretically be pursued. One is the dollar value or worth of the item not returned. The second is if the local law defines a minimum threshold/cutoff dollar amount at which theft turns from a misdemeanor into a felony.
Unless the item is worth enough to cross into felony territory as defined by that local threshold, theft charges are usually not applied.
When would theft charges be more likely?
In extreme scenarios where intent to permanently deprive can be proven, theft charges remain a theoretical possibility. For example, if a renter was explicitly told the rental period ended, refused to return high-value items, and their whereabouts became unknown making recovery impossible.
Cases involving intentional damaging or reselling of rental property could also trigger consideration of theft statutes depending on value. But for routine late/non-payment or failure to return ordinary items, theft charges are exceedingly unlikely.
How can you handle the situation appropriately?
The best approach is prompt communication. Contact the rental company and attempt to work out a payment plan, waiver, or extended return timeline. Completely ignore the situation guarantees the maximum civil consequences like wage garnishment or damaged credit.
But preserving open lines of communication and acting in good faith provides the best chance of resolving issues without incurring additional fees or legal action. Ignoring orders to return rental property is never appropriate and prevents resolution.
Can rental history prevent future rentals?
Failure to fulfill a rental contract, whether or not legal or criminal action is taken, can create future difficulties. Many rental companies report to screening databases, so an unpaid account or breach of contract may appear on future background or credit checks for rental applications.
Resolving issues proactively, even after the fact, keeps rental history dec clean and avoids barriers to renting other items or properties going forward. Unaddressed rental breaches create unnecessary long-term headaches.
Conclusion
In summary, not returning rental furniture as agreed or failing to pay outstanding fees is solely a civil breach of contract dispute that will not directly result in criminal prosecution or jail time. Rental companies pursue financial compensation through small claims avenues, not law enforcement involvement.
