Legal Question in Civil Litigation in Colorado
Property abandonment
How long after I request that someone remove their property from my house, can I get rid of it? I gave them a deadline and that has passed.
1 Answer from Attorneys
Re: Property abandonment
Well, you have to give them a reasonable deadline, and be sure that you, yourself, present no impediment to the person removing the property from your house. For example, you cannot say "Come and get it, I'd just like to see you try."
Thirty days is probably a reasonable time, assuming you're not talking about removing something that presents extraordinary difficulty, such as a pet elephant, which would probably take more than thirty days to find a suitable owner flush with peanuts.
If it's been at least thirty days, notify the owner that you plan to get rid of the item(s). Let them know at least 15 days before you plan to take the action. Send this notice to the owner's last known address by registered or certified mail, return receipt requested, signed by the addressee only.
That should take care of it. If you get the return receipt, and the property owner makes no effort to pick up the stuff, or explain why he or she cannot, it will probably make a thoughtful gift for the trash collector.
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