Legal Question in Landlord & Tenant Law in Colorado

Is it legal for a landlord to change the locks on the door of a shared residence if a tenant has asked to use their deposit (last months rent paid at signing of lease) on the 4th of the month due to medical reasons? And throw the tenants personal Items from a locked bedroom in the garage without notifying the tenant one is doing so damaging some of the items leaving them in a disorganized heap so one can't be certain if everything was there. The landlord wouldn't let this tenant into the residence to verify either.


Asked on 11/08/16, 10:11 am

1 Answer from Attorneys
Stephen Harkess Colorado Legal Solutions

First, the tenant is in the wrong. You are never entitled to use your damage deposit instead of paying your last month's rent. That defeats the purpose of a damage deposit. You failed to pay rent. That said, unless the landlord obtained an order of possession from the court, then changing the locks and throwing out the property was wrongful. The tenant can sue for any loss they can prove as a result.

If the landlord acted with an order of possession and a writ of restitution issued by a judge, then the tenant is out of luck.

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Answered on 11/08/16, 1:29 pm


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