My tenant moved, but has left personal property behind. Can I throw the stuff out?
Answer: Generally, no, but it depends upon what was left behind. Items that are clearly trash (food, newspapers, open toiletries) may be discarded. In regard to any property that the tenant may view as having value (including personal papers, photos, etc.), it should not be assumed that it is trash or abandoned. Colorado law requires fifteen days’ certified mail notice to the tenant before property left behind may be assumed to be abandoned. Take photos of everything left behind before taking any action to re-take possession of the rental unit. If you are in any doubt about whether items or the unit was abandoned, going through the eviction process provides the landlord with immunity from liability for loss of the tenant’s property.
Reminder: If you’d like to check the status of your pending eviction cases online, we have a web portal you can use to do that. Contact our office for more information.
We are happy to answer your questions; no charge! (303) 758-0500.