22-30A-14. Affirmative defense to conversion of leased or rented personalty.
110 words·~1 min read·
/sd/title-22/chapter-22-30/22-30a-14A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The following factors, taken as a whole, constitute an affirmative defense to a prosecution commenced under § 22-30A-13 :
(1)That the lessee accurately stated his or her name and address at the time of rental;
(2)That the lessee's failure to return the item at the expiration date of the rental contract was lawful;
(3)That the lessee failed to receive the lessor's notice personally; and
(4)That the lessee returned the personal property to the owner or lessor within forty-eight hours of receiving notice of the commencement of prosecution, together with any charges for the overdue period and the value of damages to the personal property, if any.