Colorado Deceased Tenant Estate and Landlord Coordination Packet
COLORADO DECEASED TENANT ESTATE AND LANDLORD COORDINATION PACKET
Before use: C.R.S. § 38-12-801(3.5) gives the landlord a possession route after a tenant's death and limits certain lease charges if the rental agreement ends early because of that death. It does not itself transfer title to the tenant's belongings, appoint an estate representative or declare the lease terminated at death. Verify the lease, any surviving tenant and the representative's authority. Keep possession, property custody and deposit accounting separate.
Identity and decision record
| Fact | Record and result |
|---|---|
| Deceased tenant, date of death and dwelling | [NAME / DATE / ADDRESS / SOURCE] |
| Lease parties, surviving tenants and occupancy | [LEASE / PERSONS / STATUS] |
| Appointed estate personal representative | [COURT / CASE / LETTERS / NAME / DATE] |
| Lease status and agreed termination basis | [TERM / AGREEMENT / DATE] |
| Written death notice received by landlord | [SENDER / DATE / PROOF] |
| Surrender or later statutory possession basis | [DOCUMENT / DATES / SUPPORT] |
| Remaining property and proposed custodian | [INVENTORY / AUTHORITY / PLAN] |
| Deposit, claimed deductions and delivery details | [LEDGER / DOCUMENTS / CONTACT] |
A. Estate personal representative: death notice and surrender
Date: [__/__/____] To landlord: [NAME / ADDRESS]
I am [NAME], the appointed personal representative of the estate of [DECEASED TENANT], for the dwelling at [ADDRESS]. My appointment evidence is [COURT / CASE / LETTERS ATTACHED]. The tenant died on [DATE]. I give notice of the death and request your lease, rent, deposit and property records. Please send your response to [MAILING ADDRESS / EMAIL / PHONE].
Surrender election — select one: ☐ As the appointed personal representative, I notify you that the estate surrenders the premises under C.R.S. § 38-12-801(3.5)(b)(I), effective [DATE / TIME]; the basis and key transfer are [DETAILS]. ☐ I am reporting the death and requesting coordination, but I am not surrendering the premises in this notice. This notice does not purport to transfer ownership of belongings that remain in the unit. The proposed custody and removal plan for them is [PLAN / AUTHORIZED PERSON / DATE].
Please coordinate any property access or handoff at [DATE / TIME] or [ALTERNATE]. I request an itemized accounting under C.R.S. § 38-12-103, with supporting documentation and any balance due, at [ADDRESS]. I understand the deposit clock is calculated from the later of lease termination or surrender and may be extended by a valid lease term to no more than sixty days.
Personal representative signature: ______________________________ Date: [__/__/____]
Delivery proof: [METHOD / RECIPIENT / DATE]
B. Landlord: receipt, possession and property response
Date: [__/__/____] To personal representative: [NAME / ADDRESS]
I received notice of [TENANT]'s death on [DATE] and the representative's appointment evidence on [DATE]. The lease identifies [PARTIES]. My records show ☐ a signed surrender notice from the appointed personal representative received [DATE], or ☐ no such surrender notice. The dwelling was vacated, if known, on [DATE / EVIDENCE].
I will take possession of the dwelling without a possession action only after documenting a C.R.S. § 38-12-801(3.5)(b) basis. ☐ The appointed personal representative notified me of surrender on [DATE]. ☐ Thirty days have elapsed after death, and rent remains unpaid as of [DATE / LEDGER]. ☐ Thirty days have elapsed after death, and substantially all of the tenant's property has been removed as of [DATE / INVENTORY]. Possession basis and date: [DETAIL / DATE]. If no box is supported, possession will be determined separately.
The access and custody arrangement for items left behind is [DATE / TIME / PERSON / INVENTORY]. I will not treat possession of the dwelling as ownership of those items. The lease-status decision is [AGREEMENT / OTHER LAWFUL BASIS / DATE]. I will account for deposit deductions separately, including any documented damage caused by the death under § 38-12-801(3.5)(c), within the applicable § 38-12-103 period. I will not assess an early termination charge barred by § 38-12-801(3.5)(a).
Landlord signature: ______________________________ Date: [__/__/____]
Delivery proof: [METHOD / RECIPIENT / DATE]
C. Property handoff and deposit accounting
Handoff date and location: [DATE / TIME / ADDRESS]. Person receiving property: [NAME / CAPACITY / AUTHORITY DOCUMENT]. Person releasing property: [NAME / CAPACITY].
| Item or group | Condition and record | Released or remains |
|---|---|---|
| [ITEM] | [PHOTO / DESCRIPTION] | [STATUS / RECIPIENT] |
| [ITEM] | [PHOTO / DESCRIPTION] | [STATUS / RECIPIENT] |
Keys transferred: [DETAIL / DATE]. Disputed items and next step: [DETAIL / HOLD / COURT OR AGREED ROUTE]. This receipt records physical custody only.
| Deposit item | Amount and support |
|---|---|
| Deposit held | [AMOUNT / RECEIPT] |
| Unpaid rent or other lawful lease charges, if allowed | [AMOUNT / LEDGER / LEASE] |
| Repair beyond normal wear, including documented death-related damage | [AMOUNT / PHOTO / INVOICE] |
| Refund balance | [CALCULATION / AMOUNT] |
Lease termination: [DATE / BASIS]. Surrender: [DATE / PROOF]. Later date controlling the § 38-12-103 clock: [DATE]. Lease return period, if longer than thirty days: [TERM / NO MORE THAN SIXTY DAYS]. Exact reasons, supporting documents and refund sent: [DATE / ADDRESS OR EMAIL / METHOD / PROOF]. Do not add a liquidated-damages charge, accelerated rent beyond the statutory limit, recapture of concessions or another fee assessed for early termination due to death.
Representative signature: ____________________ Landlord signature: ____________________ Date: [__/__/____]
About this template
- Last updated
- October 3, 2026
- Citations checked
- October 3, 2026
- Jurisdiction
- Colorado
- Category
- Landlord & Tenant
Legal authority
- C.R.S. § 38-12-801(3.5)
- C.R.S. § 38-12-103(1)
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 3, 2026.
C.R.S. § 38-12-801(3.5)(a) (checked October 3, 2026): "if a rental agreement is terminated before the end of the term of the rental agreement due to the death of a tenant under the rental agreement, a clause in the rental agreement that requires any of the following is void and unenforceable"
C.R.S. § 38-12-801(3.5)(a)(II) (checked October 3, 2026): "The acceleration of rent for a period that is beyond the end of the month or more than ten business days after the dwelling unit is vacated after notice to the landlord of the death of the tenant, whichever is later"
C.R.S. § 38-12-801(3.5)(a)(I) (checked October 3, 2026): "The payment of liquidated damages"
C.R.S. § 38-12-801(3.5)(a)(III) (checked October 3, 2026): "The payment or refund to the landlord of any concessions or move-in discounts"
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