Theft in Colorado

Whether the situation involves a landlord, tenant, or both, theft can quickly escalate into a contentious situation. There’s a lot of trust required between the parties in a rental agreement, and when there are accusations of theft in Colorado rentals, tenant-landlord disputes can easily happen.

Flaxman Law Group works with both landlords and tenants who are seeking to protect their rights and property. If you’re involved in a tenant-landlord dispute anywhere in Colorado, contact our Denever offices at 970-999-0530 to schedule a no obligation consultation with a tenant-landlord lawyer. This gives you a chance to ask questions and to learn more about any Colorado rental laws that could affect your situation.

Theft, as defined by Colorado law, covers any actions related to intentionally and unlawfully taking another person's property with the intention to deprive them of that property. In tenant-landlord disputes, theft can include actions taken by the landlord, tenant, or even both.

Tenant theft can involve a renter unlawfully taking or damaging the landlord's property. This can include situations such as stealing appliances, fixtures, or causing significant damage to the rental property. In some cases, one tenant may accuse another of theft and in these cases the landlord may step in to resolve the issue.

Conversely, if a landlord unlawfully seizes the tenant's belongings, it can also constitute theft. In rarer cases, landlords and tenants may accuse each other of theft.

Both landlords and tenants can take steps to prevent theft and to create a positive tenant-landlord relationship:

• Consider the lease agreement. Lease agreements should outline the responsibilities and expectations of both parties, including rules regarding the use of property and security deposits. Clear communication can prevent misunderstandings that might lead to theft allegations.
• Take security measures seriously. Both landlords and tenants can take proactive steps to secure their property. Landlords can install security systems, while tenants should use proper locks and take precautions to protect their belongings.
• Take out insurance. Both landlords and renters can buy insurance which can cover them in case of theft and property damage.
• Document everything. Both parties should document the condition of the property before and after the lease term. This can be invaluable in resolving disputes related to theft or property damage.

Penalties for theft in Colorado can range from misdemeanors to felonies, depending on the circumstances and the value of the property:

• Misdemeanor theft. Thefts of property valued at $50-$300 are a Class 3 misdemeanor and can result in fines of up to $750 and up to 6 months in jail. Thefts of $300-$750 of property are classified as a Class 2 misdemeanor and are punishable by up to $1,000 in fines and up to one year in jail. Class 1 misdemeanor theft is usually for property valued at $750-$2000 and it is punishable by fines up to $5,000 and up to 18 months in jail.
• Felony theft. This results in more serious fines, and these thefts are for property values that range from over $2000 to over one million dollars. Felony thefts are divided into 4 classes. A Class 6 felony theft is for property worth $2,000-$5,000 and it can result in up to 18 months in prison and up to $100,000 in fines. On the other side of the spectrum is a Class 3 felony theft, which is for property worth more than one million dollars. Maximum penalties for this include fines of up to one million dollars and prison sentences of up to 24 years.

In Colorado, there are also additional penalties for theft of firearms and cars. Theft that includes breaking and entering a property or that involves violence towards another person also carries additional charges.

If a landlord suspects a tenant of theft, they need to follow proper legal procedures. This may include contacting law enforcement and gathering evidence. Landlords may be able to evict a tenant who steals, and they may be able to pursue civil action to recover damages. However, landlords may wish to consult with a Colorado tenant-landlord dispute lawyer to make sure they follow the law and don’t expose themselves to liability in this situation.

Tenants have rights too. If a landlord unlawfully withholds a tenant's security deposit or confiscates their property, the tenant may have grounds to pursue legal action against the landlord for theft or wrongful eviction. Again, working with a Colorado tenant-landlord dispute attorney can help tenants build a strong case.

Whether you’re a landlord or tenant, if there’s a contentious disagreement about theft or any other situation, you can always contact the Denver offices of Flaxman Law Group for a no obligation case consultation. Just call us at 970-999-0530 and our friendly, family-founded legal team would be happy to set up a consultation for you.