Florida Rental Vehicle Arrests
In Florida, failing to return a rental vehicle can be a crime under Fla. Stat. § 812.155, but only after the rental company sends a written demand by certified mail and the renter fails to return the vehicle within 5 days. A renter wrongfully arrested — for example, after returning the car or without proper notice — may have civil claims like false arrest or malicious prosecution.
By Find Local Law Editorial Team · Last reviewed: May 25, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Talk to a Florida attorney quickly if you’re facing arrest or charges over a rental vehicle.
It surprises many people, but in Florida an unreturned rental vehicle can become a criminal matter — and, when handled wrongly by the rental company, the source of a civil claim back against them.
When it becomes a crime (§ 812.155)
Under Fla. Stat. § 812.155, failing to redeliver leased personal property can be a crime — but the statute requires the lessor to follow steps first:
- The rental company must send a written demand for return by certified mail, return receipt requested (or a tracked courier).
- Failure to return within 5 days after receiving that demand is prima facie evidence of a refusal to return.
- The rental agreement must contain a statutory warning (initialed by the renter) about this consequence.
Grading depends on value: a second-degree misdemeanor if the property is worth under $300, and a third-degree felony if $300 or more.
If you were wrongfully arrested
Rental companies don’t always follow the rules. If you returned the vehicle, never received a proper certified-mail demand, or were otherwise wrongfully reported, you may have civil claims against the company — such as false arrest / false imprisonment or malicious prosecution. These are Florida common-law torts with specific elements and are highly fact-specific, so they should be reviewed by an attorney.
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Start your free intakeFrequently asked questions
- Can I really be arrested for not returning a rental car in Florida?
- Yes. Under Fla. Stat. § 812.155, failing to return leased property can be a crime — a second-degree misdemeanor if the property is worth under $300, or a third-degree felony if it's worth $300 or more.
- Doesn't the rental company have to warn me first?
- Yes. The company must send a written demand for return by certified mail (return receipt requested) or a tracked courier. Failure to return within 5 days after receiving that demand is treated as evidence of refusal to return (Fla. Stat. § 812.155).
- I returned the car but was still arrested — do I have any recourse?
- Possibly. Depending on the facts, a wrongfully arrested renter may have civil claims such as false arrest, false imprisonment, or malicious prosecution against the rental company. These are fact-specific and should be reviewed by an attorney.
Sources
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