Ex Boyfriend Abandon Property?

[chozai65]

Colorado:
I broke up with my exboyfriend February 28, 2010. Since he did not have a job at the time, he moved out of the house we leased together to Chicago to live with his parents. He had until March 31, 2010 to remove all of his belongings from the house, after that, the locks were changed. I packed the few things he left behind, and put them in the garage of the house. He took a garage door opener with him when he left. I sent him a few emails in April of 2010, asking him when he would come pick up his stuff and telling him that his items were in the garage so that he could come get them whenever he wanted. I also offered to move his items to a secure storage space. He told me that I was to hold on to his items until he could come back to retreive them (indeffinately). I did not receive any communication from him after that, so I considered his property abandon in October 2010 (6 months after he moved out of the house), and donated the items. In October of 2010 (after I donated the items), he sent an email to me saying that if I didn't return his items, he was going to sue me for illegal eviction, I directed him to talk to my landlords attorney (at their advice). After that, he attempted to extort $3000 from the landlords, claiming they were responsible for the items. After the emails in October 2010, we (or the attorney) did not hear from him again until this weekend. He is now claiming that we stole all of his belongings, and that we refused to tell him where his items were located for the whole year. He is threatining to file a police report of the theft and is threatening to sue us again. I'm wondering about abandon property laws in Colorado in a situation like this, and if charges can be filed against me for donating his stuff. Also, if he continues to send emails threatening to sue or press charges, and doesn't follow through, can that be considered harrassment?

[barend31]

Every state differs in its abandonment laws, but no state ever exceeds 6 months. His possessions were rightfully considered abandoned after that length of time.

However, unless you, your ex, and the landlord all agreed to taking him off the lease in February, and you changed the locks without officially writing him out of the lease with his permission, it was indeed a constructive eviction. Since he hasn't argued this fact until now, though, that probably won't hold up in court.

I would definitely advise you file charges for harassment. At the very least, this wil get it on record that he is pestering you without reason, and will help you if this goes to court.

Let him sue you. The judge will laugh him out of the courtroom. Hopefully, you have saved your correspondence with him proving you attempting repeatedly to coordinate him retrieving his things. However, again, so much time has passed that you might not even need this evidence. The judge will ask him why he waited so long, especially if he had his own garage opener and, thus, had complete access to his belongings at any time.

[werner72]

Suggest you file a complaint for harassment and take out a restraining order. Time to attack back
When he failed to pick up his items the first time you asked he in effect abandoned them
It is 6 months. Your ex is nuts and blowing hot air.

[burdett]

It sounds like he has run into financial trouble and is trying to get money in any way he can. If you have proof of any of the correspondance regarding his things, keep it. He shouldn't be much of a problem, considering how much his story has changed just since his call to you about returning the property.