In Colorado, with its thriving rental market, active storage facilities, and busy city streets, the issue of abandoned property comes up more often than you might expect. Whether you’re a landlord, tenant, storage operator, business owner, or just someone who stumbles on lost valuables, understanding Colorado’s abandoned property rules can save you from a legal headache. Here’s a friendly, plain-English guide to the rules, rights, and responsibilities involved.
What Counts as “Abandoned Property” in Colorado?
Abandoned property generally means personal belongings left behind by an owner with no apparent intention of coming back for them. It could be furniture after a move-out, vehicles parked and forgotten, items in a storage unit, or cash and valuables found in public spaces. Real estate (land or homes) has its own separate laws.
Landlords and Tenants: Abandoned Property After Move-Out
Colorado law (see C.R.S. § 38-20-116 and related statutes) sets a process for landlords when a tenant leaves personal property behind:
- The landlord must give the tenant written notice describing the property, where it is held, and how to claim it. This notice is typically mailed to the tenant’s last known address and/or posted at the property.
- The landlord must store the property in a safe place for at least 15 days after giving notice.
- If the tenant fails to claim the property within 15 days and pay any reasonable storage or moving costs, the landlord may sell, donate, or dispose of the items.
- If the property is sold, the landlord may use the proceeds to cover unpaid rent and damages, but any surplus must be returned to the tenant or handled as unclaimed property with the state.
- Perishable items and items of little value may be disposed of immediately.
Tip: Landlords should take photos and keep a detailed list before disposing of items, in case of disputes.
Storage Units: Auctions and Defaulted Accounts
Colorado’s “self-service storage facility” law (C.R.S. § 38-21.5-101 et seq.) covers what happens if you stop paying for your storage unit:
- The facility operator must send a notice of default to your last known address and provide at least 15 days to pay overdue rent and claim your property.
- If there’s no response, the facility may auction your stored goods to recover the unpaid balance.
- Any proceeds beyond rent and costs must be returned to you or, if you cannot be found, submitted to the state’s unclaimed property division.
Vehicles: Abandoned Cars, Trucks, and More
If a car or truck is left behind on public or private property without permission:
- It can be reported to law enforcement or the Colorado Department of Revenue.
- Authorities will attempt to notify the last registered owner and give them a window to reclaim the vehicle (often 30 days).
- If unclaimed, the vehicle may be towed and auctioned. After costs, extra money must be returned to the owner or to the state as unclaimed property.
Lost and Found: Finders, Keepers?
In Colorado, “finders, keepers” is not always the rule. If you find lost valuables:
- You must make a reasonable effort to find the owner—typically by turning it in to the police or reporting it to the business or property owner.
- If the rightful owner cannot be found after a certain period (often 60–90 days, depending on local policy), you may be able to claim the property, but only if you followed the reporting steps.
- Keeping property without attempting to find the owner can be treated as theft.
Unclaimed Money, Bank Accounts, and Safe Deposit Boxes
Unclaimed property in Colorado includes not just lost or abandoned things, but also money—like old bank accounts, uncashed checks, insurance proceeds, and safe deposit box contents. Colorado businesses must turn over unclaimed property to the Colorado State Treasurer’s Unclaimed Property Program (The Great Colorado Payback) after a set dormancy period. Anyone can search and claim missing money for free.
Adverse Possession: Can You Claim Abandoned Real Estate?
Claiming abandoned land or homes requires “adverse possession.” In Colorado, you must openly use and care for a property for at least 18 years, pay property taxes, and often go through a court process to gain legal ownership. Always consult a lawyer before attempting this.
Quick Tips for Handling Abandoned Property in Colorado
- Landlords: Always follow notice, storage, and documentation rules to avoid legal trouble.
- Tenants: Don’t leave things behind. Keep your contact information current and respond quickly if notified.
- Storage renters: Communicate with your facility before you get behind on payments—auctions happen quickly.
- Vehicle owners: If you receive notice about an abandoned vehicle, act quickly to avoid extra fees or loss at auction.
- Finders: Turn in found valuables; you may be able to claim them legally if the owner can’t be found.
Helpful Resources
- Colorado State Treasurer: Unclaimed Property (The Great Colorado Payback)
- Colorado Property Laws (Justia)
- Colorado DMV: Abandoned Vehicles
- Colorado Bar Association: Landlord-Tenant Guide
Final Thoughts: Colorado Abandoned Property Rules Made Simple
Colorado aims to be fair to both property owners and finders, but following the right process is crucial. Landlords, tenants, storage operators, and even good Samaritans should document everything, follow notice rules, and reach out to the proper agency or authority when in doubt. With a little paperwork and patience, most conflicts can be avoided.
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