Tenant Leaves Middle of Night

[Joel B.]

I had a tenant here in Colorado.  I knew he fell on hard times and filed bankrupcy but did not include rent in that filing.  He said he wanted to stay until lease was up (August) but I felt he was not being straight when rent was past due several days.  I went over to the rental and everything was gone.  No response from him either.  What are my legal obligations in terms of sending him notice on not getting his deposit back either as place was not cleaned, major carpet damage done, damage done to trim, trash left etc....?

[Bill S.]

@Mindy Jensen it depends a lot on the circumstances and communication etc. 

@Joel B. this is what I have done. I post a notice in the window that states we consider the unit to have been surrendered to the landlord and I change the locks. The notice contains a note, that if the unit has not been surrendered they must contact me by a certain date (3 days after the posting). If there is any personal property, I keep it in the unit and put it middle of the room after documenting the condition of the unit with pictures and or video. My notice in the window states that any personal property in the unit will be disposed of after the date (3 days later). I reach out the emergency contact they provided asking if they have moved out. Then I start getting the unit ready to rent. Tear out the nasty carpet and get my hardwood floor guy on the schedule. Get my cleaner in there and painter if necessary as well. If no one shows in the 3 days. Everything goes in the trash if no one shows up to claim it by the specified date. Advertise and re-rent.

Be careful to avoid the word abandonment. Colorado requires 30 days to confirm abandonment. It's quicker to do an eviction since it would not be contested. 

If you are dealing with a snake and are concerned the tenant will reappear and get you for a self-help eviction (changing the locks) then the only way to go is eviction.

You MUST send an accounting of the security deposit (this would include repairs and lost rent) within the specified time frame (30 days by statute or up to 60 days if your lease extends the statutory time period). You send this to the last known address (your unit). Your accounting should also include wording that puts the tenant on notice that you will pursue collections if they don't pay any amount owed within 30 days. You can then file in small claims court if you aren't paid. You obviously have to weigh the likelihood of collecting. You can't get blood from a stone but at the same time you never know when they might turn things around and try an buy a house in which case you could collect.

I would be glad to discuss in greater detail if you have more questions that you don't want to post here.