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I am a landlord. My tenant vacated voluntarily at end of…

Customer Question
I am a landlord...

I am a landlord. My tenant vacated voluntarily at end of lease 2 28 18. She has not removed her clothing and personal effects. Can I put her stuff in a storage unit at her expense.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Colorado

Lawyer's Assistant: What steps have you taken so far?

We have contacted by text message as she will not answer our calls. She sent texts on 3 11 and 3 15 stating she would be there on those dates to remove her stuff. She did not show either time

Submitted: 4 months ago.Category: Legal
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Answered in 5 minutes by:
3/27/2018
Lawyer: Nisha Jones,
 replied 4 months ago
Nisha Jones
Category: Legal
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Lawyer: Nisha Jones,
 replied 4 months ago

I've reviewed your question and I'm happy to help. Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 4 months ago
Are you there?
Customer reply replied 4 months ago
No. I can wait for your written reply
Lawyer: Nisha Jones,
 replied 4 months ago

Yes, thanks for your patience. I'm almost finished typing up my response!

The phone call request is actually auto generated by the site, so please feel free to disregard it if it's not something you're interested in right now.

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Customer reply replied 4 months ago
Thanks
Lawyer: Nisha Jones,
 replied 4 months ago

California laws require that you provide written notice to your former tenant regarding their abandoned property.

You can either hand deliver or mail the notice.

There is specific information that needs to be contained in that notice, it needs to include:

  • a description of the abandoned property
  • the location where the tenant can claim the property
  • the time frame that the tenant has to claim the property
  • a statement that reasonable storage costs will be charged to the tenant and the tenant must pay those costs before claiming the property, and
  • a statement that if the property is not claimed in time, it will either be sold or disposed of.

If you hand deliver the notice, your tenant has 15 days to comply.

If you mail the notice, they have 18 days to comply.

If your tenant still does not claim the property, then you can either keep it or sell it and keep the proceeds to recover your costs of storage, etc.

If you do decide to sell and you use a public auction forum, you do need to print notice of the auction in a local newspaper for 5 days in which time the tenant can still come claim the items.

If they don't, then you can move ahead with the public auction and keep any proceeds received.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 4 months ago
This case is in Colorado not California
Lawyer: Nisha Jones,
 replied 4 months ago

My apologies, I thought your location was marked as California when I opened your question originally.

Give me just a few minutes to type up the correct information applicable to your state. Thanks!

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Lawyer: Nisha Jones,
 replied 4 months ago

Under Colorado landlord-tenant laws, you are required to mail written notice to your former tenant, informing them of your intent to dispose of their property if it is not retrieved.

When sending notice you must:

  • use registered or certified mail
  • request a return receipt
  • specify that only the tenant may sign the receipt, and
  • mail the notice to the tenant’s last known address.

You must give your tenant 15 days from the date notice is received to retrieve their property.

If they do not retrieve their items, then you can sell them and keep the proceeds to cover your costs for storing the item, etc.

I hope that helps! Let me know if you still have any questions about this.

Don't forget to rate so I can be credited for my time and help with your question, thanks!

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Lawyer: Nisha Jones,
 replied 4 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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