Tenant Abandoned Property Disposal

Summary

In Colorado, landlords must store abandoned property for 30 days and notify the tenant. If unclaimed, it can be sold or disposed of. Proper notice involves sending a written communication to the tenants last known address. After the initial 30-day notice, no additional notice is required. No specific legal form is needed, but the notice should detail the items left and the deadline for retrieval. If the tenant doesnt collect their belongings within the 15-day notice period, you can donate or dispose of the items. Always consult with a local attorney for precise advice.

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Tenant left and abandoned personal property. Can I dispose of it
What state is the rental property located in, ****? Laws regarding abandoned tenant property vary by state.
Colorado
In Colorado, landlords must store abandoned property for 30 days and notify the tenant. If unclaimed, it can be sold or disposed of. For more details, contact Colorado Legal Services at (*) *-*.
After 30 days can I dispose of personal items abandoned
Yes, in Colorado, after 30 days and proper notice, you can dispose of the abandoned items if they remain unclaimed.
What is proper notice
Proper notice typically involves sending a written communication to the tenant's last known address, detailing the items left behind and the deadline for retrieval.
Do I need to give another 15 day notice after 30 days
No, in Colorado, after the initial *-day notice, you don't need to provide an additional *-day notice.
Is there a legal form I need to use
In Colorado, there's no specific form. However, your notice should be in writing, detailing the items left and the deadline for retrieval. It's advisable to consult with a local attorney.
How long do I need to hold a roommates personal belongings after they leave
What state are you currently residing in? Laws regarding abandoned property can vary by location.
Colorado
In Colorado, landlords must store abandoned property for a minimum of 30 days. After that, they can dispose of it if the tenant doesn't claim it.
Do I need to send a notice
Yes, in Colorado, landlords are required to send a written notice to the tenant before disposing of their abandoned property.
How many days before do I send the notice
In Colorado, the notice should be sent immediately after you determine the property is abandoned. It gives the tenant 30 days to claim their belongings.
Is a text sufficient notice
In Colorado, a written notice is typically required. However, the acceptability of a text message can vary. It's best to consult with a local attorney for precise advice.
Is a conversation acceptable
Can you clarify if you mean a verbal conversation or a written one? In Colorado, written notice is generally required for dealing with abandoned property.
Verbal conversation and a text message
In Colorado, it's generally safer to provide written notice. Verbal conversations and text messages may not be considered legally sufficient. Always consult with a local attorney for precise advice.
Is a 1 month house guest with no lease a tenant?
In Colorado, a person living in your home for more than 30 days, even without a lease, can be considered a tenant. This can vary, so it's best to consult with a local attorney.
If they lived here under 1 month are they a tenant?
In Colorado, a person living in your home for less than 30 days without a lease is generally not considered a tenant. However, specific circumstances may vary.
Can I remove items a houseguest left behind?
Did the houseguest live in your home for less than 30 days and has it been more than 30 days since they left?

In Colorado, if a guest lived in your home for less than 30 days and it's been more than 30 days since they left, you may dispose of their belongings.
Yes and yes
Based on your response, in Colorado, you can legally dispose of the items left behind by your houseguest.
Do I need to notify them in writing?
In Colorado, it's generally recommended to provide written notice before disposing of someone's property, even if they were a short-term houseguest.
Is a text sufficient
In Colorado, a text may not be considered a legally sufficient written notice. It's safer to send a formal written notice. Always consult with a local attorney for precise advice.
Houseguest left items and I do not know their address current or former. How do I notify them to remove items?
Do you have any other means of contacting them, such as email or social media?
I texted them
Did you inform them about the abandoned items and your intention to dispose of them in the text message?
I told them I am not a free store unit and do not want their belongings here
Did they respond to your text or acknowledge the receipt of your message?
Yes
What was their response to your text message?
Sorry I left my items
What items did your houseguest leave behind?
Boxes of belongings and furniture. They left it in my yard outside
What action did you take after your houseguest acknowledged they left their items?
I told them to remove their items
What was their response when you told them to remove their items?
None
Did you give them a specific deadline to remove their items?
No
In Colorado, it's recommended to give a specific deadline for the removal of the items. Did you consider giving them a deadline?
Can I give a deadline of tomorrow?
In Colorado, it's generally recommended to give a reasonable time frame for the removal of items. A deadline of tomorrow might be considered too short. Consult with a local attorney for precise advice.
If I sent a certified letter do I have the obligation to call or email?
What is the purpose of the certified letter you sent? This will help me provide you with the most accurate information.
To have a former houseguest removal personal belongings they left at my house
What state are you located in? Laws regarding abandoned property vary by location.
Colorado
What was the response of the houseguest after receiving the certified letter?

In Colorado, landlords must give former tenants notice before disposing of their property.
I just mailed it
What is the timeline you have given in the letter for the houseguest to collect their belongings? In Colorado, a *-day notice is typically required.
15 days from 30 days after they left
What is the date you sent the letter?

In Colorado, landlords must:
- Send a notice via certified mail
- Wait 15 days after the notice is sent before disposing of the property.
*/*/*
Do you have any proof of the date you sent the letter, like a receipt or tracking number? In Colorado, it's important to keep proof of the notice you sent.
Yes
What is the tracking number of the certified letter you sent? This will help in case you need to provide proof of the notice you sent.
It's on the receipt
Could you please provide the tracking number from the receipt? This will help in verifying the date of the notice sent.
Do I need to wait 15 days from mailing?
Yes, in Colorado, you must wait 15 days from the date of mailing before disposing of the property.
What if I never mailed it
If you never mailed the notice, you should do so immediately. In Colorado, you must give a *-day notice before disposing of abandoned property.
What if I told her a month ago to get it out of here
Did you inform her in writing or verbally? In Colorado, it's important to have a written notice for legal purposes.
A text message
Did you keep a record of the text message you sent? In Colorado, written notice is required, but it's unclear if a text message would suffice.
Yes
What is the content of the text message you sent?
I told her I was not a free storage unit and that I'd put her items safely aside but she was to remove them immediately
What date did you send this text message?
July *, *
What was her response to your text message? In Colorado, a written notice is required for the removal of abandoned property. A text message may or may not be considered as a valid written notice.
She apologized for leaving the items and then didn't discuss it again
What actions have you taken since she didn't discuss it again after her apology?
I texted her again telling her to get her stuff
What was her response to your second text message?
She didn't reply. I sent multiple messages, last one was August *
What actions have you taken since she didn't reply to your messages after August *?
None
What is the current date?
August *, *
What is the current status of the belongings? Are they still at your property?
Yes, they are in my garage. She left many of the items in my yard
What is the estimated value of the items left behind? In Colorado, if the property is valued under $*, it can be disposed of without notice.
$*
What is the condition of the items left behind? In Colorado, if the items are in a condition that poses a health or safety risk, you may have more options for disposal.
Many are in good shape
What is the nature of the items left behind? Are they hazardous or pose any health or safety risk?
Household items
Do these household items pose any health or safety risk?
No
What is your plan if she doesn't collect her belongings within the *-day notice period?
Donation or disposal
In Colorado, if the tenant doesn't collect their belongings within the *-day notice period, you can donate or dispose of the items. However, it's recommended to document the items before disposal.
It's a lot of items. Why is this my problem. She was only at my house for * weeks and emptied her storage unit in my yard
What is the nature of your relationship with this person? This can help determine if tenant laws apply or if this is a civil matter.
A friend of a friend who was homeless and needed a place to stay safely while finding an apartment
Did she sign any agreement or lease while staying at your place?
No
Did you have any verbal agreement about her storing her belongings at your place?
No, not unless she helped me renovate a shed on my property to store it and monthly payments, which she did not do and did not pay
Did she agree to help with the renovation and make monthly payments in writing or was it a verbal agreement?
Verbal
Did you have any witnesses or any other form of proof for this verbal agreement?
No
What is the current status of the renovation of the shed on your property?
Did not happen
Did you have any other form of communication about the renovation and storage agreement apart from verbal?
Text
What is the content of the text message regarding the renovation and storage agreement?
Just that if she wanted to store items she'd need to renovate that shed first before she could.
Did she respond to this text message about the renovation and storage agreement?
No
What is the date you sent the text message about the renovation and storage agreement?
July *
What was her response to your text message about the renovation and storage agreement sent on July *?
We spoke and she thought it was a good idea
Did she take any action towards the renovation after agreeing to your idea?
No
What is the current status of the shed? Is it still in need of renovation or has it been renovated by someone else?
Not renovated
Did you have any other agreements or discussions about her belongings or the shed after she failed to renovate it?
Only that I told her she cannot store them here
Did you inform her in writing that she cannot store her belongings at your place after she failed to renovate the shed?
Via text
What was her response to your text message stating she cannot store her belongings at your place?
She apologized for leaving them. Then did not respond anymore.
What actions have you taken since she stopped responding to your messages?
Mailed a certified letter today to remove her items. Spoke to her friend last week to ask her to remove her items. Items are still here despite them saying they will get the items soon.
What is the content of the certified letter you sent?
I said that she had 15 days to remove her left items or they'd be considered abandoned and disposed of
What is the current status of the items? Have they been removed or are they still at your property?
Still on my property
What is your plan if the items are not removed after the *-day notice period?
Donate or dispose of
What is the estimated value of the items she left behind? In Colorado, if the property is valued under $*, you can dispose of it after giving a *-day notice.
Under $*
What is the exact value of the items left behind? In Colorado, if the property is valued under $*, you can dispose of it after giving a *-day notice.
$* estimated
What is the condition of the items valued at $*?
Used
What is the nature of these used items?
Clothes and household items
What is the condition of these clothes and household items?
Used
Are these used clothes and household items in a condition that they can be used again or are they damaged?
Used again
What is your plan for these used items if they are not collected within the *-day notice period?
Donate
In Colorado, if the items are not collected within the *-day notice period, you can donate them. Make sure to document the items before donation for any future reference.
Can she try to sue me?
Yes, anyone can initiate a lawsuit. However, if you've followed Colorado's laws regarding abandoned property, you've protected yourself legally.
What if I donate them now
Donating them now, before the *-day notice period ends, could potentially expose you to legal risk. It's advisable to wait until the notice period is over.
What is the legal risk
The legal risk could be a potential lawsuit for damages if she claims the value of the items was higher than your estimation or that the items had sentimental value.
Can all items be removed after 15 days? Sentimental items as well
Yes, in Colorado, all items including sentimental ones can be removed after the *-day notice period if they are not collected.
So I need to wait until September *, *?
Yes, you should wait until September *, *, to dispose of the items if they are not collected. This is in accordance with Colorado's laws on abandoned property.
Do I have any obligation to contact her in any other manner aside from the certified letter being sent?
In Colorado, the law requires you to send a notice via certified mail. Other forms of contact are not legally required but can be helpful for documentation.
Do I need more documentation
What kind of documentation are you referring to? In general, it's advisable to keep all records of communication and actions taken, including the certified mail receipt, text messages, and a list of the items left behind.
More text messages
What is the content of these additional text messages you're referring to?
Do I need to contact her via text after sending the certified letter?
In Colorado, there's no legal requirement to contact her via text after sending the certified letter. However, it could serve as additional proof of your attempts to notify her.
What is legally considered a reasonable amount in Colorado to charge former tenant for moving and storing abandoned personal belongings for them to pick up
What is the estimated value of the abandoned belongings?

In Colorado, landlords can charge reasonable costs for moving and storing abandoned property. However, "reasonable" isn't defined by law.
About $*
What is the condition of the abandoned belongings and the cost of moving and storing them?

In Colorado, landlords can:
- Charge reasonable costs for moving and storing abandoned property.
- Dispose of the property if it's value is less than the cost of moving and storing.
The condition is used and I moved and am storing them but want to charge for my time, work and space
What are the estimated costs for your time, work, and space used for storing the belongings?
Is $* per day reasonable
What is the average storage cost in your area? In Colorado, landlords can charge reasonable costs for moving and storing abandoned property, but it should reflect actual costs.
$*/mo
What is the size and condition of the storage space you are providing?
Not climate controlled *' x *'
What is the duration for which you have been storing these belongings?
40 days
What is the condition of the items now after 40 days of storage?
Same as before
What is the total amount you are planning to charge the tenant for the storage and moving of their belongings?
$*
What is the legal procedure in Colorado for notifying the tenant about the charges for moving and storing their abandoned belongings?
I do not know
In Colorado, you must:

- Send a notice to the tenant's last known address.
- Include an itemized statement of charges.
- Provide a deadline (minimum 15 days) for them to claim their belongings.
If I am charging daily I need to see how much it will cost
What is the daily rate you're considering for charging the tenant for storage?
$*/ day
What is the total amount you would charge for 40 days at a rate of $* per day?
$*
What is the tenant's last known address? This is needed to send a notice about the charges for moving and storing their abandoned belongings.
My house
What is the full address of your house? This is needed to send a notice to the tenant about the charges for moving and storing their abandoned belongings.
PO box *
What is the city and state of your PO box?
Indian hills, co *
What is the condition of the items now after 40 days of storage?
*
What is the condition of the items now after 40 days of storage?
Same as beginning except for a moldy wetcouch I threw out due to health hazard
What was the condition of the couch before you threw it out?
Moldy
Did you inform the tenant about the condition of the couch before disposing of it?
Yes
What was the tenant's response when you informed them about the condition of the couch?
Nothing
Did you document the condition of the couch before disposing of it?
No
Did you take any pictures or have any proof of the condition of the couch before you disposed of it?
No
Did you send a notice to the tenant about the charges for moving and storing their abandoned belongings?
No
What is the tenant's full name and last known contact information?
Cathleen Briedenbach
What is Cathleen Briedenbach's last known contact information?
PO box * , Indian Hills, co. *
What is the best way to reach Cathleen Briedenbach? Do you have her email or phone number?
Yes I have both
What is Cathleen Briedenbach's email and phone number?
wrenflyhappy@gmail.com
What is the best way to contact Cathleen Briedenbach: email or phone?
*-*-*
What is the best time to contact Cathleen Briedenbach?
I do not know
What is the best way to contact Cathleen Briedenbach: email or phone?
I do not know
What is the best method to contact Cathleen Briedenbach: email or phone?
I do not know
What is the best time of day to reach Cathleen Briedenbach?
I do not know
What is the best method to contact Cathleen Briedenbach: email or phone?
Email
What is the total amount you are planning to charge Cathleen Briedenbach for the storage and moving of her belongings?
$*/day
What is the total number of days you have stored Cathleen Briedenbach's belongings?
* so far
What is the total amount you plan to charge Cathleen Briedenbach for the 40 days of storage?
$*/day
What is the total amount you plan to charge Cathleen Briedenbach for the 40 days of storage at a rate of $* per day?
$*
What is the condition of the remaining items after 40 days of storage?
Same as in the beginning
What is the estimated value of the items that are still in storage?
$*
What is the condition of the items that are still in storage after 40 days?
Good
What is the condition of the storage space you are providing?
Not climate controlled
What is the estimated cost of moving the items to the storage space?
$*
What is the estimated cost of moving the items out of the storage space?
$*
What is the estimated cost of moving the items out of the storage space?
$*
What is the estimated cost of moving the items out of the storage space?