ARS 13-1806: Unlawful failure to return rented or
The complete text of A.R.S. § 13-1806 on unlawful failure to return rented or, what the State has to prove, and the sentencing range, with a violation charged as a class 5 felony or a class 1 misdemeanor and exposure reaching up to 2.5 years in prison.
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Penalties for a § 13-1806 Conviction
A.R.S. § 13-1806 is the Arizona statute on unlawful failure to return rented or. A violation is a class 5 felony or a class 1 misdemeanor, depending on the paragraph charged and what the State can prove. The maximum exposure is 2.5 years in prison.
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 5 felony | 6 months | 9 months | 1.5 years | 2 years | 2.5 years |
| Class | Maximum jail | Maximum fine |
|---|---|---|
| Class 1 misdemeanor | 6 months | $2,500 |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 13-1806
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 if the property is a motor vehicle is a class 5 felony. In all other cases, unlawful failure to return rented or leased property is a class 1 misdemeanor.
Source: Arizona Revised Statutes § 13-1806, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Related Statutes in Chapter 18 — Theft
- A.R.S. § 13-1805 — Shoplifting
- A.R.S. § 13-1807 — Issuing a bad check
- A.R.S. § 13-1804 — Theft by extortion
- A.R.S. § 13-1803 — Unlawful use of means of transportation
- A.R.S. § 13-1802 — Theft
- A.R.S. § 13-1813 — Gift card theft
- A.R.S. § 13-1814 — Theft of means of transportation
- A.R.S. § 13-1816 — Unlawful use, possession or removal of theft detection shielding devices
How Tamou Law Group Defends § 13-1806 Cases
A § 13-1806 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 5 felony and something far less serious, and it is where these cases are won.
We handle unlawful failure to return rented or cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Frequently Asked Questions
What is A.R.S. § 13-1806?
A.R.S. § 13-1806 is the Arizona statute on unlawful failure to return rented or. A violation is a class 5 felony or a class 1 misdemeanor, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-1806 a felony in Arizona?
It can be. Under the statute a violation is a class 5 felony or a class 1 misdemeanor, so the exposure reaches up to 2.5 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 5 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 5 felony at 6 months to 2.5 years, with a presumptive term of 1.5 years. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
What is the maximum penalty for a class 1 misdemeanor?
A.R.S. 13-707 caps jail at 6 months for a class 1 misdemeanor and A.R.S. 13-802 caps the fine at $2,500, before surcharges. A judge may also impose probation and other conditions.
Where can I read the official text of § 13-1806?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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