Landlord Question and Answer Forum

posted 3 day notice, then tenant was arrested

We posted a 3 day notice on Monday and on wednesday our tenant was arrested on drug charges. All of his things are still there, we don't know if it is legal to get him to sign a release for his uncle to move him out zand remove his things or if we have to spend the money to finish the evection process. If we do complete the process, can we then sell his things to recover some of our loses?

You better be careful , on who goes in that place and what is taken , you better check your laws , he could come back and say something is taken , Let the courts settle it , How do you know if he has permission ? You better protect yourself .Maybe he is trustworthy, but what happends if something is missing ,

Posted by Donald G, MA on Sunday, October 11, 2009

just out of curiosity. do you have something in your lease regarding criminal activity going on at the residence? that could be used to aide in your situation.

Posted by Aric F, CO on Sunday, October 11, 2009

thanks, for your responses. no there is nothing in our lease about criminal activity. we did get a copy of the search warrant from the arresting officers. co law does say that that is a breach of the lease contract. his uncle and friends that we have talked to all say no one is going to bail him. we probably will have to continue the eviction process

Posted by Karen D, CO on Monday, October 12, 2009

You should finish the eviction process. If he is still in jail the Texas laws permit you to sell his stuff to pay for the owed rent. You might want to check Colorado's about this.

Posted by Carl R, TX on Monday, October 12, 2009

In Colorado a sheriff may remove a tenant's personal property when executing a writ of restitution. A landlord has no duty to store or inventory the property, or to determine its condition or ownership. If he elects to do so, he may charge the tenant for reasonable storage costs.

Posted by Denise S, PA on Tuesday, October 13, 2009