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Removal of Possessions Eviction Process

Discussion in 'Other Residential Landlord & Tenant Issues' started by Navi, Jun 19, 2018.

  1. Navi

    Navi Law Topic Starter New Member

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    Jurisdiction:
    Colorado
    We kicked out our roommate (who wasn’t on the lease) and she returned her key and took her valuables with her. However, she has left a lot of other possessions here. A couple of months have passed, and she does not seem to be intending on retrieving them anytime soon. How can we get rid of it legally?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    "Legally" you would have to file eviction and seek a Writ of Restitution which would allow the Sheriff to remove the property:

    2017 Colorado Revised Statutes :: Title 13 - Courts and Court Procedure :: Forcible Entry and Detainer :: Article 40 - Forcible Entry and Detainer - General Provisions :: § 13-40-122. Writ of restitution after judgment

    The alternative is the common sense approach. Send written notice with tracking and delivery confirmation giving a deadline date to remove the property, after which you will dispose of it.

    Don't send certified as people duck certified as bad news.

    After the deadline, dispose of the items to Goodwill or Salvation Army or the trash. Don't try to sell or keep anything or charge for storage. Those can come back to bite you.
     
  3. Navi

    Navi Law Topic Starter New Member

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    How do I send a written notice and what needs to be included in the letter? I don’t know where I would send it; I don’t have her address and she was only living here for a few days, so I’m not sure if I could send it here.
     
  4. Navi

    Navi Law Topic Starter New Member

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    We lived in the same apartment before we moved here. She lived there for over 6 months, but doesn’t anymore. Could I send it there?
     
  5. mightymoose

    mightymoose Moderator

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    Eviction is not necessary at this point.
    You need to familiarize yourself with your state's laws regarding abandoned property.

    You likely need to provide some sort of notice, wait a certain period of time, and safely inventory and store the property in the mean time. The statute will identify at what point you can dispose of abandoned property.

    You should not just throw it out. Doing so opens you to liability if the owner suddenly returns for it.
     
  6. Navi

    Navi Law Topic Starter New Member

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    I am looking into sending her an official notice, but I’m not sure where I could send it; I don’t have her current address. The only method I have of contacting her is through Facebook. Should I ask for her address through that? I somehow feel like she wouldn’t give it to me.
     
  7. army judge

    army judge Super Moderator

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    Some police or sheriff agencies will pick up the property (or allow you to drop off the BOXED up property) if you report it as ABANDONED property.

    You can call one or both & ask if you can do it in your area.

    Or read this and follow your state law:


    Handling Abandoned Renter Property for Property Managers
     
  8. mightymoose

    mightymoose Moderator

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    This seems to be the most relevant statute for your situation.
    • 38-20-116. Abandoned property - notice of sale - definitions
      (1) Property is presumed to be abandoned if the owner has failed to contact the lienholder for a period of not less than thirty days and the lienholder, in good faith, is without knowledge of any evidence indicating that the owner does not intend to abandon the property.
      (2) At least fifteen days prior to selling or otherwise disposing of abandoned property, the lienholder shall notify the owner of the proposed manner and date of disposition by transmitting said notice to the owner's last known address by registered or certified mail, return receipt requested, signed by the addressee only. The lienholder shall maintain in his records for a period of one year a copy of said notice together with the return receipt signed by the addressee, or, if said notice is returned unclaimed, said notice and the proof of return unclaimed shall be so maintained. If the written notice is returned unclaimed, the lienholder shall publish said notice at least one day in a newspaper in the county in which the property is located or, if no newspaper is published in that county, then a newspaper in some adjoining county.
     
  9. army judge

    army judge Super Moderator

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    Did I overlook the part about where or how the OP placed a lien against the property of the absonder tenant?
     
  10. mightymoose

    mightymoose Moderator

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    Yes, send a notice to the old address. It could potentially be forwarded if she put in a change of address.
     
  11. adjusterjack

    adjusterjack Super Moderator

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    Give her notice on Facebook. Include a list of the items. Keep a screenshot. Follow up repeatedly to see if she makes any comments.

    Right. 38-20-116 only applies to property that already has a lien on it.

    2017 Colorado Revised Statutes :: Title 38 - Property - Real and Personal :: Liens :: Article 20 - Lien on Personal Property :: Part 1 - Lien on Personal Property
     
  12. Navi

    Navi Law Topic Starter New Member

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    So I have to file a property lien? How do I go about doing that?
     
  13. army judge

    army judge Super Moderator

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    No, filing a lien wouldn't help you.

    You need to formally evict the deadbeat.

    There might be a shortcut, if the police or sheriff will accept the abandoned property that you need to inventory, take pictures of, and box up for safekeeping anyway.

    If you fail to inventory it, photo it, and pack it away safely; someone might claimed you stole their $25,000 solid gold Rolex, their five pound 24 K gold bar, their Renoir painting, $50,000 worth of designer clothing, and their pricele$$ stamp collection.
     

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