William D. Kickham
Justia Badge
Massachusetts Bar Association Badge
Massachusetts Academy of Trial Attorneys Badge
The National Trial Lawyers Badge
American Institute of Personal Injury Attorney Badge
Avvo Raiting 10.0 - Top attorney
AvvoSuper Lawyers Badge

Larceny of Leased or Rented Property

Rental Agreement

If someone leases or rents personal property from someone else, then does not return that property at the end of the lease or rental period, that constitutes the crime of larceny of leased or rented property.

This crime is defined by Massachusetts General Laws Chapter 266 Section 87. For the prosecution to secure a conviction on a charge of larceny of leased or rented property, the Commonwealth must prove the following three elements of this crime beyond a reasonable doubt:

  • First, the defendant did in fact lease or rent the personal property of another person;
  • Second, the defendant concealed or hid the rented property (either all of it or a portion of it,) or assisted or abetted in concealing or hiding the property, or refused or failed to return the property to its rightful owner within 10 days following the expiration of the rental agreement or lease, or that the defendant sold, transferred or otherwise conveyed the property to someone else without securing the consent of the true owner;
  • Third, the defendant engaged in these acts with the intent to place the property outside the control of its true owner.

As to the second element above, "aiding or abetting" covers any assistance provided to the defendant, whether provided through words or other acts of assistance or encouragement. If the prosecution can prove the above three elements beyond a reasonable doubt, then a conviction will result. As far as the important element of intent is concerned, if the defendant presented false or fraudulent information in order to rent or lease the property, this will constitute "prima facie" evidence of an intent to take the property outside the control of its true owner.

More than one defense is available to this charge, including that the defendant was not aware that the rented property was owned by another person. Another defense might be available if the surrounding facts support a claim by the defendant that he or she had the legal right to either receive, dispose of, or transfer the property.

Penalties for Larceny of Leased or Rented Property

A defendant convicted of larceny of leased or rented property can receive a punishment of up to one year in a county jail, and/or a fine of up to $1,000. In addition to any jail term or fine, the defendant will be ordered to make full restitution to the victim for any financial losses suffered.

Hire The Right Lawyer, Not The Cheapest One.

The above defenses constitute only a partial sample of legal strategies that a talented Massachusetts theft crimes lawyer can use in your defense. Various motions to either dismiss the charges or suppress evidence that was unlawfully obtained may also be used. Our office has almost twenty years' experience in defending cases of this type, and our impressive track record demonstrates the results we can produce. If you or someone you know has been charged with larceny of leased or rented property, or any other Massachusetts theft crime, call us 24 hours a day, seven days a week at either Ph.: (781) 320-0062 or Ph.: (617) 285-3600, or email us for a free initial consultation.

Client Reviews
When I was arrested for DUI, I was absolutely terrified. Had it not been for you, I might have been convicted of something I was not at all guilty of. My work life, my family life, my reputation, all could have been destroyed. You stood by me like the legal version of a bodyguard - and because of you, I was found not guilty. G.M.
When we got the call that our son had been arrested and charged with rape, we almost fainted. We know our son. He is not violent; he has never abused anyone, let alone another girl… If not for you and your "take no prisoners" attitude, our son might have been convicted of a crime that would have sent him to state prison. As far as we're concerned, our son owes you his life, and we owe you the world. We will never forget you. A.H. and P.H.
I hired Mr. William D. Kickham for a very important legal issue and I was extremely satisfied by the results. His in depth knowledge about the matter and his intelligent thinking was extremely beneficial. He is really an expert. He was also very supportive and sensitive towards my concerns. It was great to have a lawyer of his capacity. Thanks William for all the Help. N.G.
Atty. Kickham defended me on a charge of raping my girlfriend, who made up the whole story out of revenge because I was interested in someone else. If it weren’t for Attorney Kickham proving me innocent, God knows what might have happened to me. Z.B.
Mr. Kickham represented me on a trumped-up charge of domestic violence. The prosecutor and police wouldn’t back down, even after my spouse told them it was all untrue. They insisted on taking me to trial, and Mr. Kickham never wavered. He was my legal bodyguard, and I was found not guilty. M.B.
Of the many talents Atty. Kickham has, two are these: 1) He is ten times as persuasive as the best lawyer you’ve seen in the movies; and 2) Nothing - but nothing - gets by him. The police arrested me on completely false drug charges, and after a heated courtroom battle, Atty. Kickham won the day. Trust me, it was no surprise. D.C.
Because I mildly disciplined my child for throwing a tantrum, I was actually charged with child abuse. It was horrifying. Atty. Kickham fought for me tooth and nail, until I was declared not guilty. One hell of a lawyer. D.D.
I complimented a co-worker on her looks and patted her on the back as I did so. Two hours later, the police showed up and accused me of indecent assault & battery. From the day I hired him, Atty. Kickham fought the DA’s office until the charges were dropped. If not for him, my life would have been ruined. A.K.