I think you are correct on this, this is indeed a civil matter, it's called voluntary parting, in other cases that made it to this site where people have tried to report to the police that the camera they rented out or something was never returned were told it's not theft. I think what happens is that they report the vehicles to the police as stolen, as they would if they found a car missing from the lot, instead of telling them someone did not return it.
I don't disagree. Let me slightly backtrack on my previous statement: I think some states explicitly spell out penalties for failure to return a rental car, while in others, it may be up to the specific circumstances to determine whether a crime has taken place or whether it is a civil disagreement or misunderstanding on terms, etc.