Abandoned Property Laws in Colorado 2025

Colorado is one of the most landlord-friendly states in the country on left-behind property. Under C.R.S. 13-40-122(3), once the sheriff executes a writ of restitution, a landlord has no duty to store or maintain the tenant's personal property, and the landlord is immune from liability for any loss or damage to it. That is a genuine exception: most states force you to hold and inventory belongings for a fixed window, and there is no federal law on the subject at all. But "no duty" is not the same as "do whatever you want" the moment you find items mid-tenancy, and the way you get to the point of execution still matters. Removing a tenant or their property without going through the court process can expose you to statutory damages of three times the monthly rent or $5,000, whichever is greater, plus attorney fees.

Step-by-Step: Handling Abandoned Property in Colorado

Follow these steps precisely to protect yourself from liability under C.R.S. § 38-20-116:

1. Document the abandoned property immediately. As soon as you regain possession of the unit, conduct a thorough walk-through. Take dated photographs and video of all items left behind. Create a written inventory listing each item, its approximate condition, and estimated value. This documentation is your primary protection against later claims.
2. Send required written notice. Mail or deliver written notice to the tenant's last known address and any forwarding address you have on file. Under C.R.S. § 38-20-116, you must give 15 days notice before disposing of or selling the property. The notice should describe the items, their location, and the deadline for retrieval.
3. Secure the property during the notice period. While storage is not legally required in Colorado, keeping items in a secure location establishes a clear paper trail and protects potentially high-value items from claims of damage or disappearance.
4. Assess the property. Even without a statutory value threshold, document estimated values for each item. If items appear potentially valuable, consider a public sale to maximize recoverable costs and minimize dispute risk.
5. Apply sale proceeds to costs. After the notice period expires and any required sale is conducted, apply proceeds first to unpaid rent, then to storage costs, then to sale costs. Remit any remaining balance to the tenant. Keep detailed records of all calculations.
6. Retain all records for at least 3 years. Keep your written inventory, photographs, notice letters, delivery confirmations, storage receipts, sale records, and proceeds accounting. If the tenant later claims improper handling, this documentation is your defense.

The core rule: no storage duty after a writ of restitution

The controlling statute is C.R.S. 13-40-122, which governs the writ of restitution issued after an eviction judgment. Subsection (3) states plainly that a landlord "has no duty to store or maintain a tenant's personal property that is removed from the premises during or after the execution of a writ of restitution," and the same subsection makes the landlord immune from liability for any loss or damage to that property. The sheriff's officer executing the writ, and any agency they use, get the same immunity.

Practically, this means that once the writ is executed you may set the belongings out, have them hauled off, or store them, at your discretion. Colorado does not require a 15-day hold, an inventory, or a certified-mail notice before you clear the unit after execution, despite what some general guides claim. The protection, however, is tied to a properly executed writ. It does not cover self-help lockouts or dumping a tenant's things before the court process is complete.

If you choose to store: what you can charge and how to dispose

Many landlords still store the property, either as a courtesy or to preserve leverage. C.R.S. 13-40-122(4) gives you two clean options if you do. First, you may charge the tenant the reasonable costs of storing the property and release it once those charges are paid. Second, you may dispose of the property under any lien rights you hold under part 1 of article 20 of title 38, the personal-property lien statutes.

Keep "reasonable" honest: base storage charges on your actual out-of-pocket cost (a rented unit, movers, a dumpster), not a punitive rate. If you intend to sell rather than simply return the items, you cannot skip to a sale, you must follow the lien-sale notice procedure described below.

Selling under a lien: the 30-day and 15-day notice steps

If you sell stored property to recover your costs, the disposal runs through C.R.S. 38-20-116. Property is presumed abandoned only after the owner has failed to contact you for at least 30 days. At least 15 days before the sale, you must notify the owner of the proposed manner and date of disposition by registered or certified mail, return receipt requested, sent to the owner's last-known address.

If that mailed notice comes back unclaimed, you must then publish the notice at least one day in a newspaper in the county where the property is located (or an adjoining county if none is published locally). Keep a copy of the notice and the signed return receipt, or the proof of unclaimed return, in your records for one year. Sale proceeds go first to your lien (storage and related costs); any surplus belongs to the tenant, so do not treat overage as yours to keep.

Abandonment before an eviction is finished

Sometimes a tenant simply vanishes and you never get to a writ. C.R.S. 38-12-510 lets you treat a unit as surrendered without court process when the facts would cause a reasonable person to believe the tenant permanently gave up possession. The statute points to evidence such as the return of keys, the substantial removal of the tenant's belongings, written notice from the tenant, or an extended absence while rent stays unpaid.

Get this wrong and the penalty is steep. If you retake the unit or remove property and the tenant had not actually abandoned it, that is an unlawful removal or exclusion: the tenant can recover actual damages plus the greater of three times the monthly rent or $5,000, along with attorney fees and costs. When abandonment is ambiguous, the safer path is to file for eviction and let the writ, and its liability immunity, do the work.

Pets, protected tenants, and timing

Two timing points shape when you can act. A writ cannot issue until 48 hours after judgment, and the sheriff generally will not execute it until at least 10 days after judgment. For tenants who receive SSI, SSDI, or TANF, execution is pushed to a minimum of 30 days after judgment.

Live animals get special handling under C.R.S. 13-40-122(2.5). The executing officer inspects the unit for pets; if the tenant is present the animals go with them, and if the tenant is absent the officer contacts the local animal-control authority. In that case you must give access and post notice at the premises showing the name and contact information of the facility where the animals were taken. Pets are never treated as ordinary abandoned property.

Related Guides for Colorado Landlords

This page summarizes Colorado's statutory scheme for a tenant's left-behind property as of 2026, drawn from C.R.S. 13-40-122 (writ of restitution and the no-storage-duty rule), C.R.S. 38-12-510 (abandonment and unlawful removal), and C.R.S. 38-20-116 (lien sale of abandoned property). It is general information for landlords, not legal advice. Statutes and local ordinances change, and the right step in a close case, especially whether a unit has truly been abandoned, depends on your specific facts. Before disposing of or selling a tenant's property, confirm the current statute text and consider consulting a Colorado attorney or legal-aid organization.

Frequently Asked Questions

Does Colorado make landlords store a tenant's belongings after eviction?

No. Under C.R.S. 13-40-122(3), once a writ of restitution is executed a landlord has no duty to store or maintain the tenant's personal property and is immune from liability for loss or damage to it. This is unusual; most states require a storage period, and there is no federal law on the subject.

Can I charge the tenant for storage if I do keep their property?

Yes. C.R.S. 13-40-122(4) lets you charge the reasonable costs of storing the property and release it once those charges are paid. Keep charges tied to your actual costs, such as a storage unit, movers, or hauling, rather than a punitive figure.

How do I legally sell property I am storing?

Sale runs through the personal-property lien statute, C.R.S. 38-20-116. Property is presumed abandoned after 30 days of no contact, and at least 15 days before the sale you must mail notice by registered or certified mail, return receipt requested. If it comes back unclaimed, publish the notice at least one day in a local newspaper, and keep the records for one year.

What happens to money left over after a lien sale?

Your lien is paid first from the proceeds, covering reasonable storage and related costs. Any surplus belongs to the tenant, not to you, so account for it and return or hold it for the owner rather than keeping it.

What if the tenant seems to have moved out but there is no eviction?

C.R.S. 38-12-510 lets you treat the unit as abandoned only when the facts, such as returned keys, substantial removal of belongings, or an extended absence with unpaid rent, would convince a reasonable person the tenant permanently surrendered possession. If it is ambiguous, file for eviction; guessing wrong is an unlawful removal.

How much can an unlawful removal cost me?

Under C.R.S. 38-12-510, a tenant you remove or exclude without proper court process can recover actual damages plus the greater of three times the monthly rent or $5,000, along with attorney fees and costs. This is why acting under a properly executed writ matters.

What do I do about a pet left in the unit?

Pets are not ordinary abandoned property. Under C.R.S. 13-40-122(2.5) the executing officer checks for animals; if the tenant is absent, the officer contacts local animal control and you must post notice at the premises with the name and contact information of the facility where the pet was taken.

Statutory citation: C.R.S. § 38-20-116. Laws current as of 2025, verify against your state's current statutes before acting. Last updated August 28, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.