Asked in Landlord - Tenant for Colorado

Q: Can I sue a landlord that illegally (proven) evicted the tenant who was holding my property for damages (amount of loss)

I had a friend who was living in a single family residence who was storing a piece of art of mine worth $2500 and was illegaly evicted (just for simplicity please assume this as ruled by the court already though proceedings are not done yet in reality) or, would the tenant (my friend) have to have listed it as one of his belongings? My friend did not do that given it wasnt his but, filed without telling me and is past arbitration and everything points to a ruling in his favor.

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: From the sounds of it your friend was acting as bailee (a person holding another's property). The bailee owes you (the owner of the property) a duty of care. This would include preventing a eviction (lawful or not) in which your property is lost AND pursuing legal actions to recover your property. In short you may have a cause of action against your friend. As for the landlord, you would likely be classified as a third-party beneficiary to the eviction challenge. It is possible that if the property was damaged/lost by the landlord you would have a separate claim against the landlord (if you pursue this action you will need cooperation by your friend). What I think you are asking is if you can join your friend's pre-existing lawsuit (the legal term is "joinder"). It is possible in theory, but you may not be able to file as a joinder because the case is so close to final legal judgment. As you can see from all the technical legal terms, you will need a lawyer to review your situation and assist in filing (especially for a joinder motion).

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