Abandoned property
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
Abandoned property (by MKA [CO]) Dec 3, 2008 6:15 AM
       Abandoned property (by Laura [VA]) Dec 3, 2008 6:27 AM
       Abandoned property (by MKA [CO]) Dec 3, 2008 6:46 AM
       Abandoned property (by June [PA]) Dec 3, 2008 6:59 AM
       Abandoned property (by billy [MA]) Dec 3, 2008 7:04 AM
       Abandoned property (by Susan [CO]) Dec 3, 2008 10:23 AM
       Abandoned property (by RA [CO]) Jan 5, 2009 9:45 PM

Abandoned property (by MKA [CO]) Posted on: Dec 3, 2008 6:15 AM

State Specific Question About: COLORADO (CO)

Can someone please tell me what my obligations are for abandoned property. It was an end of term move out, just left their junk behind...couch, TV and lots of boxes. Thanks in advance. --24.255.xxx.xxx

Abandoned property (by Laura [VA]) Posted on: Dec 3, 2008 6:27 AM

Did they turn over their keys to you? --71.63.xx.xxx

Abandoned property (by MKA [CO]) Posted on: Dec 3, 2008 6:46 AM

Yes, they have turned in the keys. They had some car trouble, said they were coming back that night to get the rest of their stuff. They were going to use the garage keypad. Anyway, I am pretty sure they just decided not to bother, but I was wondering if I have to hold it for a certain number of days or can I just take it to the dump. I have read on here before about tenants griping about thousand dollar "antiques" they left behind and what not. Just wanting to cover my butt, I don't know what CO requires. --24.255.xxx.xxx

Abandoned property (by June [PA]) Posted on: Dec 3, 2008 6:59 AM

1.Do you have a way of contacting them? 2. Do you know their new address? 3. Do you still have their security deposit?

I think most people in here would tell you to get in contact with tenant, catalog the items, take pictures. Then charge them for disposal. --205.188.xxx.xxx

Abandoned property (by billy [MA]) Posted on: Dec 3, 2008 7:04 AM

state laws differ but i would try to contact them and ask if its junk.if i got key from them i would toss the stuff after a month or so. --208.58.x.xx

Abandoned property (by Susan [CO]) Posted on: Dec 3, 2008 10:23 AM

I would try to contact them and get them to remove the junk or get them to fax me a written release. Remind them that they have not technically relinquished possession, so the rent meter is still running and if they do not comply, you will have no choice but to file an eviction, and this is such an easy matter for them to resolve to avoid having their name in county records as having been evicted AND a judgment for costs.

If they do not respond/comply, then you have to make a choice if you are going to risk the removal of items and a possible after the fact assertion by the tenant that you dumped their stuff. If you are uncomfortable with that risk, evict. --209.181.xx.xx

Abandoned property (by RA [CO]) Posted on: Jan 5, 2009 9:45 PM

MKA: I'm just now dealing with the same propblem Tenants cleaned, left keys, no forwarding address, but left patio furniture and gas grill. I e-mailed him the same day, saying that I'd put the items in the shed and he could pick them up at any time by Saturday at noon (which was 7 days later); I asked him to e-mail me after he got the things or to let me know that he didn't want them. No response, of course. When I consulted with the Landlord Tenant Counseling office in my county--see if you have a free service like that--the counselor told me I was TOO nice to the tenant, that if he left the keys, he was done with it and I could do what I want with it at this point. (My lease defines abandoned property in that way, too.) BUT, a real estate attorney directed me to the Colorado State Statute that deals with abandoned property. It says that you must (1)hold on to the things for 30 days, (2)mail a 15-day notice to dispose or sell, sending a certified letter w/addressee's signature receipt, (3)and, if the notice is unclaimed by the tenant, publish a notice for 1 day in a county publication. That's what the law says, and it supercedes what my lease says. A confusing point: the statute starts out by defining abandoned property as having to do with a lienholder. I'm not sure if a landlord is a lienholder of the abandoned property. Maybe there is someone on this site who can clarify this for both you and me. --71.208.xxx.xxx

Subject: RE: Abandoned property
Your Name:
Your State:

Abandoned property
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: