CR 7-205: Failure to Return a Rental Vehicle

Under Maryland law failure to return a rental vehicle is defined as refusing or willfully neglecting to return a rental car at the end of the leasing period.  It also includes abandoning the vehicle, so charges can be filed even if the defendant does not have possession of the car when the rental period ends.  The law requires that the rental company wait 5 days after sending a written demand for return of the vehicle via certified mail to file charges.  A person cannot be prosecuted if he or she returns the vehicle within that 5-day period, and the only remedy for the rental company at that point would be a civil suit.
 
If a person rents a vehicle at BWI or another rental car location and then leaves town without returning the vehicle he or she may be charged based on the abandonment provision in the law.  In this scenario rental companies often locate the vehicle and have it towed back to their lot, but charges can still follow even if the car is recovered without any damage.  If a renter deliberately fails to return a vehicle after being requested to do so, then he or she may be charged even if the rental company has attempted to take credit card payments beyond the original contract.
 
Motor vehicle theft under Maryland Criminal Code section 7-105 is a similar statute and we have seen it charged with failure to return a rental vehicle.  In these situations, the theft charge would almost certainly be dismissed by the prosecution because the motor vehicle theft requires the State to prove the defendant knowingly and willfully took the motor vehicle out of the owner’s custody without consent.  Obviously when person first rents a vehicle they are taking it off the lot with the consent of the rental company.  The same logic would apply to a charge for unlawful removal of property under Maryland criminal code section 7-203.  The only other theft charge that could be at least argued by the State would be theft under 7-104.  In this scenario the State would have to prove that the defendant rented the vehicle with the intent to keep it past the due date and thus deprive the company of its property.
 
One defense to failure to return a rental vehicle would be that the defendant was not properly notified of the company’s demand to return the vehicle, but lately the rental companies have been more diligent about their demands.  Another stronger defense would be arguing that there is no way to prove the defendant was actually the person who rented the car.  Typically, the witnesses that the state calls are representatives of the company that can certify the contracts, but not necessarily the ones who actually dealt with the defendant.  Who is to say that another person did not simply take the defendant’s identification to rent a car?  In all criminal cases the State is required to establish that the suspect is the person who is charged and failure to return a rental vehicle is no different.
 
Failure to return a rental vehicle carries up to 1 year in jail and a $500 fine under Maryland law.  It is a misdemeanor that may also taint a person’s criminal background.
 
Benjamin Herbst is an experienced Maryland theft lawyer who specializes in failure to return a rental vehicle.  He has archived numerous dismissals in this type of charge and will do whatever it takes to make sure your record stays clean, and you never see the inside of a jail cell.  Benjamin is available 7 days per week to discuss your case at 410-207-2598.