13-1806. Unlawful failure to return rented or
leased property; notice; classification
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 is a class 1 misdemeanor.
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