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    Nov 2017
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    Default Landlord Won't Help With Recovery of Former Tenant's Property

    My question involves landlord-tenant law in the State of: Colorado

    I was on a month-to-month verbal lease with my landlord and had an agreement of giving a 30 day notice to leave. On the 25th day, I started packing all my stuff and moving it to my new house and I planned to stay at the new place until the rest of the five days were over due to complications of roommates. (frankly, they were mad I was moving out because rent would be going up drastically)
    On the 27th I came to collect the rest of my belongings and my roommates mother (who wasn't on the lease) met me outside and told me she would "kill me" if I tried to step foot on the property, so I left since my roommates weren't home and it wasn't worth dealing with a seemingly crazy lady and I was on a time crunch to get to work.

    Anyways, I tried getting ahold of my roommates and landlord to get my items with no luck.. until the fourth of November they finally gave the okay to come over. (Rent is due on the 5th) when I arrived both my roommates met me outside and told me I had no longer any rights to my property since I no longer live there and haven't paid Novembers rent.. and then they began to tell me they threw the rest of my stuff away.. So I called the cops to get their input on the situation since my roommates were already threatening me with calling them to have me escorted off the property.. The cops told me there wasn't anything I could do without the landlord being there since it was a civil matter.

    I went back to my house and got in contact with the landlord and he agreed to meeting with me to get the rest of my stuff and confirming that they did not throw my stuff away.. He told me that he would call me tomorrow to set up a time... This was two weeks ago. I have left multiple messages and voicemails in a kind manner asking when we could met up and nothing has been said.. other than his wife messaged me saying that "apparently" there was a gigantic hole in the wall that she was going to need me to fix. Mind you, I had three other individuals help me move out that will vouch that the room was in perfect condition when I left the 25th of October and I have not been inside the house since.. But I do know that the night I cleared out my room my roommates mother took it over and it seemed odd that they didn't notify me about a "huge hole in the wall" until I started asking for my stuff on the fourth of November.

    I know there is a time frame for me to probably legally get the rest of my belongings without going to court... And I was also told that they have to give me some sort of written notice that they were going to throw away/dispose of my objects by such-and-such day.
    I was wondering if I do have the right to go ahead and file for civil court if he does not respond..? I guess I just don't know what to do at this point.. because, I feel like he is just going to hold onto my stuff until I pay for a hole that defiantly was not there when I left, just not respond to me at all or let my ex roommates go through it all and pick what they want and throw the rest away.. There also wasn't any security deposit for the house since it was in the process of being remodeled..

    Some important information: when I moved in, I did not have the prior knowledge that my landlord was still trying to play it off that he was still living in the house. The landlord had multiple people come into the house asking if we were his children and wondering where the home owner was. To my best knowledge, you have to have a renters license to rent out your home if you no longer live there and get paid by tenants... Due to taxes and what not. Since technically they are just pocketing 1k every month.. The house had multiple issues that would of not been okayed through OSHA such as no heat, carpet, mold and asbestos in the floor... So.. I am also worried that if I do try to take him to court, I won't get my stuff.. since legally none of us lived there. The landlord was just taking money from us to stay in his unoccupied house that was still his legal address. I do however have receipts for rent and also plenty of messages from the landlord acknowledging we lived there..

    I do not know how to go about this at all.. I really don't want to have to take legal action since what I do have left there is such a small amount and it seems silly to go through all of this for a few boxes and bags but they do contain sentimental value such as a baby book... But at the same time it's worth me trying everything I can to make sure I get it all back.
    Also, if he does respond by giving me a time to pick my stuff up, would it be wise to have a cop escort in case something is said or done? My ex roommate since then has made multiple threats when I have tried to work something out with them... I could use some helpful advice.. Thank you.

    I'm sorry this is so long.

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