Montana § 45-6-309 Failure To Return Rented Or Leased Personal Property

Montana Statutes

§ 45-6-309 — Failure To Return Rented Or Leased Personal Property

Montana § 45-6-309

Title 45CRIMES

Ch. 6OFFENSES AGAINST PROPERTY

Part 3Theft and Related Offenses

This text of Montana § 45-6-309 (Failure To Return Rented Or Leased Personal Property) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 45-6-309 (2026).

Text

45-6-309 . Failure to return rented or leased personal property.

(1)A person commits the offense of failure to return rented or leased personal property if, without notice to and permission of the lessor, the person purposely and knowingly fails to return the property within 48 hours after the time provided for return in the rental agreement, provided that clear written notice, in bold print, of the date and time when return of the property is required and of the penalty prescribed in this section is stated in the rental or lease agreement.

(2)Presentation to the lessor by the lessee of identification that is false for the purpose of obtaining a rental or lease agreement constitutes prima facie evidence of commission of the offense.

(3)After the rental or lease period specified in the r

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45-6-309 . Failure to return rented or leased personal property. (1) A person commits the offense of failure to return rented or leased personal property if, without notice to and permission of the lessor, the person purposely and knowingly fails to return the property within 48 hours after the time provided for return in the rental agreement, provided that clear written notice, in bold print, of the date and time when return of the property is required and of the penalty prescribed in this section is stated in the rental or lease agreement.
(2) Presentation to the lessor by the lessee of identification that is false for the purpose of obtaining a rental or lease agreement constitutes prima facie evidence of commission of the offense.
(3) After the rental or lease period specified in the rental or lease agreement has expired, failure to return rented or leased personal property within 72 hours of written demand by the lessor, sent by certified or registered mail to the renter or lessee at the address given at the time of entering the rental or lease agreement, constitutes prima facie evidence of commission of the offense.
(4) (a) A person convicted of failure to return rented or leased personal property not exceeding $1,500 in value shall be fined an amount not to exceed $1,500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
(b) A person convicted of failure to return rented or leased personal property that exceeds $1,500 in value shall be imprisoned in the state prison for a term not to exceed 10 years.
(c) A person convicted of failure to return rented or leased personal property exceeding $5,000 in value or part of a common scheme shall be fined an amount not to exceed $10,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.

Legislative History

En. Sec. 1, Ch. 239, L. 1981; amd. Sec. 3, Ch. 581, L. 1983; amd. Sec. 4, Ch. 616, L. 1993; amd. Sec. 6, Ch. 397, L. 1999; amd. Sec. 6, Ch. 473, L. 2009; amd. Sec. 10, Ch. 321, L. 2017; amd. Sec. 3, Ch. 583, L. 2025.