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Property owner accessed the property and removed items prior to a court order can they be charged with theft
Sep 3, 2025
Eviction & Landlord
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Bill HenryFounding Partner | 19 years of experience
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Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience
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It’s possible. Under Colorado law, theft occurs when a person knowingly obtains, retains, or exercises control over another's property without authorization and with the intent to permanently deprive the owner of its use or benefit, as outlined in state law. If a landlord removes a tenant's belongings without proper legal process, such as a court order, and intends to deprive the tenant of their property, this could meet the statutory definition of theft. Additionally, Colorado law explicitly prohibits landlords from removing or excluding tenants from a dwelling unit without resorting to court process, except under specific circumstances such as abandonment or mutual consent. This includes the willful removal of a tenant's personal property, which is considered unlawful. Violations of this statute can result in civil remedies for the tenant, including damages and attorney fees, but it also underscores the illegality of such actions by the landlord. In summary, a landlord who removes a tenant's property without authorization or a court order could face criminal charges or civil liability. I recommend you contact a landlord-tenant attorney to better understand if your situation constitutes theft.

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