Colorado law provides that in certain situations a landlord may have a lien on a tenant's personal property for rent the tenant owes the landlord. In some cases, the landlord may enter the tenant's residence at a reasonable time and in a peaceable manner to take possession of the property covered by the lien. A landlord can take only certain property of the tenant to pay back rent. A landlord cannot take small kitchen appliances, cooking utensils, bedding, beds, necessary clothes, personal or business records, or personal effects. The landlord can take such things as stereos, records and televisions. If the landlord takes a tenant's property and the tenant does not pay money owed to the landlord within thirty days, then the landlord must file a foreclosure action in court. After a complicated legal procedure set forth in Colorado law, the landlord may sell the tenant's property to recover the money owed by the tenant. If the landlord sells or otherwise disposes of the tenant's property without properly complying with Colorado law, the tenant is entitled to bring a court action to recover the value of the property or $100 (whichever is greater) and reasonable attorney's fees. The landlord may be liable to the tenant for actual and punitive damages if the landlord wrongfully takes the tenant's property. Most attorneys advise landlords not to assert a landlord's lien, since it is easy to make a procedural error. In addition, the landlord's lien has been held unconstitutional by some Colorado courts (not yet in Boulder).
If the tenant finds that his/her property has been seized, he/she should make a record of all property taken and all written notices received from the landlord. The tenant should then contact the landlord to negotiate the return of his/her property. Many landlords exercise the landlord's lien in an attempt to get the tenant's attention and are eager to return the tenant's property as soon as the tenant arranges payment of the money owed. Therefore, this type of situation is often resolvable through negotiation or mediation. If the tenant cannot reach agreement with the landlord the tenant should seek legal advice immediately.