If a tenant moves out or vacates the leased premises and leaves personal property items behind—whether an automobile, pots and pans, jewelry, or artwork—the landlord may be required to safely store the tenant’s abandoned property for some period of time after giving the tenant notice of the property that was abandoned and the right to pick up the property before the landlord may legally dispose of it and keep the proceeds of any sale of the items.
Under some state laws this time period begins when the landlord takes possession of the abandoned property and does not require the landlord to give the tenant notice of the abandoned property. And some states do not have a law (statute) on abandoned property—leaving the issue to be addressed by the terms of the lease agreement, or perhaps by previous court opinions that have addressed the issue (also known as case law or precedent).
The laws regarding a landlord’s obligation to safely store the tenant’s abandoned property for some period of time after giving the tenant notice vary from state to state, with the time period generally ranging from 5 days to 60 days. In some states the landlord may have a lien on such personal property items to the extent the tenant has a balance of unpaid rent due or the tenant caused damage to the leased premises in excess of any security deposit held by the landlord. And some lease agreements include a provision that defines the landlord’s and tenant’s rights and obligations regarding abandoned property.
The laws regarding a landlord’s obligation to safely store the tenant’s abandoned property for some period of time after giving the tenant notice are usually located in a state’s statutes but may also be included in city or municipal codes or ordinances.
In Colorado, the handling of a tenant's abandoned property is governed by state statutes, specifically Colorado Revised Statutes § 38-20-116. When a tenant vacates the premises and leaves personal property behind, the landlord must give the tenant notice and an opportunity to reclaim their belongings. The landlord is required to store the abandoned property for a period of time, which is typically 15 days for residential properties and 5 days for commercial properties. If the tenant does not claim the property within the specified time frame, the landlord may dispose of the property. The landlord may also have a lien on the abandoned property for unpaid rent or damages exceeding the security deposit. It is important for both landlords and tenants to review their lease agreements, as they may contain specific provisions regarding abandoned property that could either supplement or supersede state law. Additionally, local city or municipal codes may have further regulations on this matter.