Theft of rental property is a specific criminal offense in Utah, occurring when an individual rents property but intentionally fails to return it or keeps it beyond the agreed rental period without authorization. This offense also applies if someone deliberately provides false information to secure rental property with no intent to return it. Under Utah Code § 76-6-410, theft of rental property is treated as a theft offense, and penalties depend on the value of the rented property.
Salt Lake City Lawyer
Theft of rental property charges can be daunting and require careful analysis to determine the best legal options for your situation. Susanne Gustin has the experience and expertise to evaluate your case and weigh the potential outcomes.
No matter the specifics of your case, Susanne Gustin is ready to work with you toward a favorable resolution. If you are facing theft by extortion allegations, call Susanne Gustin, Attorney at Law, at 801-243-2814 for a free consultation. Clients from Salt Lake County, Davis County, West Valley City, Layton, and surrounding areas are welcome.
Information Center for Theft of Rental Property In Utah
- What is Theft of Rental Property
- Penalties for Theft of Rental Property
- Defenses Against Theft of Rental Property
- Additional Resources
What Is Theft of Rental Property in Utah?
Theft of rental property is defined as knowingly obtaining rental property under false pretenses or intentionally failing to return it after the rental period has ended. This crime is distinct from civil disputes over rental agreements because it involves intentional deceit or willful misconduct. Utah Code § 76-6-410, states as follows:
An actor commits theft by custodian of property pursuant to repair or rental agreement if:
- the actor has custody of property pursuant to an agreement between the actor or another person and the property’s owner;
- the actor or another person is to perform for compensation a specific service for the property’s owner involving the maintenance, repair, or use of the owner’s property; and
- the actor intentionally uses or operates the owner’s property, without the consent of the owner, for the actor’s own purposes in a manner constituting a gross deviation from the agreed purpose;
or
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the actor has custody of any property pursuant to a rental or lease agreement in which the property is to be returned in a specified manner or at a specified time; and
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the actor intentionally fails to comply with the terms of the agreement concerning return so as to render such failure a gross deviation from the agreement.
Some common examples of theft of rental property include:
- Unreturned Equipment: Renting construction tools or equipment and failing to return them after the rental period ends.
- Stolen Rental Vehicles: Renting a car and intentionally not returning it, or abandoning it in a different location without authorization.
- Fraudulent Rentals: Using a fake ID or false payment information to rent property without the intention of returning it.
- Misuse of Rental Property: Renting furniture, electronics, or similar items under an agreement but selling or pawning the items instead of returning them.
Penalties for Theft of Rental Property in Utah
The penalties for theft of rental property in Utah depend on the value of the property and the circumstances of the offense. Similar to other theft offenses, Utah uses a value-based system for determining charges.
Class B Misdemeanor:
- Value: Less than $500.
- Penalties:
- Up to 6 months in jail and
- Fines up to $1,000.
Class A Misdemeanor:
- Value: $500 to $1,500.
- Penalties:
- Up to 1 year in jail and
- Fines up to $2,500.
Third-Degree Felony:
- Value: $1,500 to $5,000.
- Penalties:
- Up to 5 years in prison and
- Fines up to $5,000.
Second-Degree Felony:
- Value: $5,000 or more.
- Penalties:
- Up to 15 years in prison and
- Fines up to $10,000.
Defenses Against Theft of Rental Property Charges
Several defenses may be applicable in theft of rental property cases:
- Lack of Intent: The defendant may argue they did not intentionally fail to return the property. For example, they may have forgotten or been unable to return the property due to circumstances beyond their control.
- Dispute Over Ownership: The defendant may claim they believed they had rightful ownership of the property or extended use under the rental agreement.
- Payment or Extension Agreement: Evidence of an agreement to extend the rental period or pay additional fees may demonstrate there was no intent to steal.
- False Accusations: The defendant may argue they were wrongfully accused or that another party failed to return the property.
- Mistake or Misunderstanding: The defendant may claim there was a misunderstanding about the terms of the rental agreement.
Additional Resources
- Utah Code § 76-6-410,: Theft of rental property is a specific criminal offense in Utah, occurring when an individual rents property but intentionally fails to return it or keeps it beyond the agreed rental period without authorization.
- Theft and Property Crimes: Even for first-time offenders, theft and property crime allegations are serious charges. For second and third offenses, penalties are far more severe.
Hire a Lawyer for Theft of Services in Salt Lake County, Utah
If you are facing charges for theft of rental property in Utah, it’s important to consult with a skilled criminal defense attorney. These charges can have long-term consequences, but a knowledgeable lawyer can help you navigate the legal process and build a strong defense.
Susanne Gustin, Attorney at Law, has decades of experience defending clients against theft-related charges in Utah. She is committed to protecting your rights and achieving the best possible outcome in your case.
For a consultation, contact Susanne Gustin at 801-243-2814. She serves clients in Salt Lake County, Davis County, Layton, Bountiful, Clearfield, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.
