Conversion of Rented or Leased Property – NRS 205.940

Overview

The conversion of rented or leased property is a criminal offense defined under Nevada Revised Statute (NRS) 205.940. This law addresses the unlawful taking or use of property that has been rented or leased, recognizing that such actions constitute theft and violate the rights of the property owner. The statute aims to protect property owners and landlords from the financial losses associated with the unauthorized conversion of their property.

Definition of Conversion

Under NRS 205.940, conversion refers to the act of taking possession of, using, or disposing of property without the owner’s consent, particularly when the property is under a rental or lease agreement. The key elements of conversion in this context include:

1. Rented or Leased Property: The property involved must be subject to a rental or lease agreement. This includes items such as vehicles, equipment, furniture, and other tangible goods.
2. Unauthorized Control: The accused must have taken control of the property in a manner that is unauthorized and contrary to the terms of the rental or lease agreement.
3. Intent to Deprive: The intent behind the action must be to deprive the owner of the property, either temporarily or permanently.

Legal Requirements for Prosecution

To secure a conviction for the conversion of rented or leased property under NRS 205.940, the prosecution must prove the following elements beyond a reasonable doubt:

1. Existence of a Rental or Lease Agreement: There must be a legally binding rental or lease agreement in place for the property in question.
2. Unauthorized Taking or Use: The accused must have taken or used the property without the permission of the owner or in violation of the terms of the agreement.
3. Intent: The prosecution must demonstrate that the accused intended to convert the property to their own use or control.

Related Offenses

Conversion of rented or leased property is related to several other offenses, including:

• Theft – NRS 205.240: Involves the unlawful taking of property with the intent to permanently deprive the owner.
• Possession of Stolen Property – NRS 205.275: Refers to the possession of property known to be stolen.
• Burglary – NRS 205.060: Involves entering a structure with the intent to commit theft or another crime.

Examples of Conversion of Rented or Leased Property

Understanding NRS 205.940 can be clarified through specific examples:

• Example 1: A person rents a vehicle from a car rental company and fails to return it by the agreed-upon date, intending to keep it for personal use. This act of not returning the vehicle can lead to charges of conversion.
• Example 2: A tenant living in a rental property removes fixtures or appliances that belong to the landlord without permission. This unauthorized removal can be considered conversion under the statute.

Penalties for Conversion of Rented or Leased Property

The penalties for conversion of rented or leased property can vary depending on the circumstances of the case:

• Misdemeanor Charges: For a first-time offense involving property of lesser value, conversion may be charged as a misdemeanor. Penalties can include:
  • Fines: Up to $1,000.
  • Imprisonment: Up to 6 months in jail.
• Felony Charges: If the value of the property exceeds a certain threshold or if there are aggravating factors, the charge may escalate to a felony. Penalties may include:
  • Imprisonment: 1 to 4 years in the Nevada Department of Corrections.
  • Fines: Up to $5,000.

Defenses Against Conversion Charges

If you are facing charges related to the conversion of rented or leased property under NRS 205.940, several defenses may apply:

1. Lack of Intent: Demonstrating that there was no intent to convert the property can be a strong defense. If the accused can show that they intended to return the property, this may negate the charge.
2. Authorization: If the accused had permission from the property owner to use or retain the property, this can serve as a defense against conversion charges.
3. Mistake of Fact: Proving that the accused genuinely believed they had a right to the property can also be a valid defense. This might include misunderstandings regarding the terms of the rental or lease agreement.
4. Insufficient Evidence: The prosecution must provide clear evidence that conversion occurred. If the evidence is weak or circumstantial, it may lead to a dismissal of the charges.

The Importance of Legal Representation

Navigating the legal complexities surrounding the conversion of rented or leased property requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling property-related cases equips him to provide a robust defense against charges under NRS 205.940.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding Nevada’s legal landscape make him a strong advocate in cases involving conversion.

Understanding Your Rights

If you are accused of converting rented or leased property, understanding your rights is crucial. Legal representation can help you navigate the complexities of the legal system and ensure that your rights are protected throughout the process.

For more information about defending against charges of conversion of rented or leased property under NRS 205.940 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.