Landlord Rights to a Tenant's Left Belongings in Colorado
In the majority of states, landlords can dispose of abandoned personal property once the tenant vacates. Most states require landlords to store personal property for a minimum period as required by the state's law before the landlord disposes of it or sells it. Before a landlord disposes or sells the property, the landlord must first attempt to provide written notice to the tenant of the intention to dispose of the personal property.
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Colorado Abandonment Law
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In a few states such as Virginia, landlords can place abandoned property on public streets and sidewalks. A few states such as California allow landlords to destroy public property without a public sale. Colorado is a minority jurisdiction where landlords do not have a duty to store abandoned property.
General Bailments
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A bailment is a legal duty to protect a person's property temporarily if the property is within his or her control or custody. Landlords have a bailment duty to safeguard a tenant's personal property while the tenant is renting from the landlord. Landlords have different duties with abandoned property after the tenant's lease expires, however, or the tenant leaves before the end of the lease term. Most states make a distinction between "lost" and "abandoned" property. Lost property is property that landlords should reasonably know the tenant did not intentionally leave behind or has significant value. For property that has been abandoned, then landlords must deliver written notice to the tenant's permanent address as provided on the lease agreement and store it for a certain time.
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Colorado Statute
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Under Colorado's Statutory Code, sheriffs may remove a tenant's personal property pursuant to a writ of eviction or writ of restitution. Landlords who seek judicial eviction or request the sheriff's office to forcibly remove the tenant from illegally staying in the landlord's rental have rights to allow the sheriff to remove the tenant's personal property. Landlords in Colorado have no duty to inventory or temporarily store the personal property. If the landlord chooses to store it, then the landlord may charge tenants for those storage costs.
Moving Out
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Tenants who move out of their rental units before their leases end must provide the landlord with notice as required under the lease. Typically, notice provisions in lease agreements require both parties to provide written notice delivered or mailed to their permanent addresses. Most lease agreements require tenants to provide at least 30 days' notice of intent to move, but lease agreements can require additional notice.
Remaining Lease Term
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If tenants move prior to the end of their lease term, then as long as the tenant keeps paying rent on a timely basis the tenant can store nonhazardous personal property within the rental.
Considerations
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Since landlord-tenant laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
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