Colorado Landlord Selling the House
Colorado rules on landlord selling the house for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: When a landlord's interest ends by sale, assignment, death, receivership or otherwise, whoever holds the security deposit must, within a reasonable time, either transfer it (less lawful deductions) to the new owner and notify the tenant by mail of the transfer and the new owner's name… C.R.S. § 38-12-103(4)-(7)
The rules in Colorado
| If the landlord sells the property | When a landlord's interest ends by sale, assignment, death, receivership or otherwise, whoever holds the security deposit must, within a reasonable time, either transfer it (less lawful deductions) to the new owner and notify the tenant by mail of the transfer and the new owner's name and address, or return it (less lawful deductions) to the tenant. Once that is done, the former holder is relieved of further liability, and the new owner takes on all the rights and duties of a landlord holding the deposit. A lease clause waiving these protections is void. Text from the Colorado Revised Statutes 2024 edition; later session laws may have changed it. Source: C.R.S. § 38-12-103(4)-(7) |
|---|---|
| Tenants in foreclosure | Colorado's foreclosure law gives tenants notice rights but does not let them stay after the sale. A lessee is treated as a lienor (with no lien amount) in foreclosure proceedings. A lessee with an unrecorded possessory interest in a single-family or multi-unit residence must be mailed the foreclosure notices by regular mail, which is complete when sent to the lessee at the property or to 'Occupant' at the address. The foreclosure mailing list must also include 'occupant' at the property address. Rights of a lessee whose lease is recorded are not affected. Beyond this, tenants rely on the federal PTFA 90-day notice. Read in CRS 2024 Title 38, Article 38. |
Related questions
Colorado vs. neighboring states
| State | If the landlord sells the property | Tenants in foreclosure |
|---|---|---|
| Colorado | When a landlord's interest ends by sale, assignment, death, receivership or otherwise, whoever holds the security deposit must, within a reasonable time, either transfer it (less lawful deductions) to the new owner and notify the tenant by mail of the transfer and the new owner's name and address, or return it (less lawful deductions) to the tenant. Once that is done, the former holder is relieved of further liability, and the new owner takes on all the rights and duties of a landlord holding the deposit. A lease clause waiving these protections is void. C.R.S. § 38-12-103(4)-(7) | Colorado's foreclosure law gives tenants notice rights but does not let them stay after the sale. A lessee is treated as a lienor (with no lien amount) in foreclosure proceedings. A lessee with an unrecorded possessory interest in a single-family or multi-unit residence must be mailed the foreclosure notices by regular mail, which is complete when sent to the lessee at the property or to 'Occupant' at the address. The foreclosure mailing list must also include 'occupant' at the property address. Rights of a lessee whose lease is recorded are not affected. Beyond this, tenants rely on the federal PTFA 90-day notice. C.R.S. § 38-38-305(1), (1.5); § 38-38-100.3(14)(c)-(d) |
| Arizona | When a landlord sells a rental in a good-faith sale to a genuine buyer, the seller is relieved of liability under the lease and the landlord-tenant act for events after the tenant gets written notice of the sale, unless otherwise agreed; the seller stays liable for the deposit money and property the tenant is owed under the deposit statute. Whoever holds the landlord's interest when the tenancy ends is bound by the deposit-return rules. When an apartment community is sold, the landlord must hand the buyer at closing the security deposit records, each tenant's file including rental agreements, and other required documents it has. A.R.S. §§ 33-1325(A), 33-1321(H), 33-1330 | If a lease is signed after a foreclosure has started, the owner must include a written notice that the property is undergoing foreclosure. The notice must say whom to contact (court, trustee or attorney) and the sale date, or that no date is set. If the owner first gets a trustee's sale notice or foreclosure notice after the lease is signed, the owner must give the tenant that notice within 5 business days. If the owner fails to do so, the tenant may give a written notice under § 33-1361 (landlord noncompliance), recover damages and get an injunction, and must get the security deposit back under § 33-1321. This does not apply to buildings with 4 or more connected units. A.R.S. § 33-1331 |
| Kansas | Unless otherwise agreed, a landlord who sells rental property in good faith to a bona fide buyer is released from liability under the lease for events after the landlord gives the tenant written notice of the sale. The selling landlord still remains liable to the tenant for any part of the security deposit the tenant is owed. Whoever holds the landlord's interest when the tenancy ends is bound by the security deposit rules. K.S.A. 58-2554(a), 58-2550(f) | Not verified yet |
| Nebraska | When a landlord sells a rental in a good-faith sale to a genuine buyer, the selling landlord is released from liability under the lease and the Uniform Residential Landlord and Tenant Act for events after the tenant gets written notice of the sale, unless otherwise agreed. The seller stays liable for the tenant's security deposit and prepaid rent unless the seller assigns them to the buyer with written notice to the tenant. Whoever holds the landlord's interest when the tenancy ends is bound by the deposit-return rules. Neb. Rev. Stat. §§ 76-1420(1), 76-1416(5) | No Nebraska statute was found that protects residential tenants in foreclosure beyond federal law (federal PTFA). Under the Act, the disclosure duty applies to successor owners (§ 76-1417(2)). The person holding the landlord's interest when the tenancy ends is responsible for returning the security deposit (§ 76-1416(5)). Neb. Rev. Stat. §§ 76-1416(5), 76-1417(2) |
| New Mexico | Unless otherwise agreed, when the owner's interest in the rental ends by sale (or assignment, death, bankruptcy, receivership, or otherwise), the selling owner is released from liability under the rental agreement and the Uniform Owner-Resident Relations Act for events after the resident receives written notice of the change. The successor in interest becomes liable for all obligations under the rental agreement and the Act. After the resident gets written notice, future rent is paid to the successor. NMSA 1978, § 47-8-21(A) | No New Mexico statute protects residents in foreclosure beyond federal law (federal PTFA applies). When the owner's interest ends (by sale, receivership or otherwise), the successor owner is liable for all obligations under the rental agreement and the Act. After written notice of the change, the resident pays future rent to the successor. NMSA 1978, § 47-8-21 |
| Oklahoma | A landlord can sell the rental without the tenant's agreement (attornment). Rent the tenant pays to the old owner before getting written notice of the sale counts against the buyer. Once the tenant gets written notice that the owner's interest has ended (by sale, assignment, death or otherwise), the tenant pays future rent to the new owner; the old owner is released from obligations for later events, and the successor owner is liable for all obligations under the rental agreement and the Residential Landlord and Tenant Act. 41 O.S. §§ 114, 119(A), (C) | No foreclosure-specific statute. The Act's general rule for any end of the owner's interest (sale, assignment, death, bankruptcy, receivership or otherwise) applies: rent paid to the old owner before the tenant gets written notice of the transfer counts against the new owner; after written notice, the tenant pays future rent to the successor, who is liable for the landlord's obligations under the rental agreement and the Act (§ 119). Alienees of landlords have the same rights and duties as the landlord (§ 114). The federal Protecting Tenants at Foreclosure Act also applies (90-day notice; existing leases honored with limited exceptions). 41 O.S. §§ 114, 119; 12 U.S.C. § 5220 note (PTFA) |
| Utah | Whoever holds the owner's (or the owner's agent's) interest in the rental when the tenancy ends is bound by Utah's renter deposit law, so a buyer who owns the property at move-out is responsible for handling the deposit under that law. Utah's deposit and landlord-tenant statutes do not say whether a sale ends the lease and do not require the seller or buyer to notify the tenant of the sale. Utah Code § 57-17-4; Title 57 Ch. 17, Ch. 22 and Title 78B Ch. 6 Part 8 (reviewed) | Utah incorporates the federal PTFA: a bona fide tenant under PTFA Sec. 702 is in unlawful detainer only if the tenant stays after the effective date of a notice to vacate given in accordance with Sec. 702. A former owner/mortgagor who stays after a trustee's or sheriff's sale and a purchaser's notice to quit commits unlawful detainer. No additional state tenant protections found. Utah Code 78B-6-802 (PTFA bona fide tenancy subsection); 78B-6-802.5 |
| Wyoming | Whoever holds the owner's (or designated agent's) interest in the rental when the rental agreement ends is bound by Wyoming's deposit rules, including returning the deposit balance with a written itemization of deductions. Wyoming's residential rental statutes do not say whether a sale ends the lease and do not require a notice of sale to the renter. W.S. 1-21-1209, 1-21-1208 | No state tenant-protection statute for foreclosures was found; the federal PTFA (90-day notice; bona fide leases honored) applies. State law lets a purchaser use forcible entry and detainer after a judicial foreclosure sale (against a judgment debtor in possession) or after a power-of-sale (nonjudicial) foreclosure once possession has been demanded. On a sale or transfer, the new holder of the owner's interest at the end of the tenancy is bound by the deposit-return rules. Wyo. Stat. § 1-21-1002(a)(ii)-(iii); § 1-21-1209 |
City rules that may add to state law
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Colorado Landlord Selling the House FAQ
What happens to my lease if my landlord sells the house in Colorado?
When a landlord's interest ends by sale, assignment, death, receivership or otherwise, whoever holds the security deposit must, within a reasonable time, either transfer it (less lawful deductions) to the new owner and notify the tenant by mail of the transfer and the new owner's name and address, or return it (less lawful deductions) to the tenant. Once that is done, the former holder is relieved of further liability, and the new owner takes on all the rights and duties of a landlord holding the deposit. A lease clause waiving these protections is void. (C.R.S. § 38-12-103(4)-(7))
What are tenants' rights in a foreclosure in Colorado?
Colorado's foreclosure law gives tenants notice rights but does not let them stay after the sale. A lessee is treated as a lienor (with no lien amount) in foreclosure proceedings. A lessee with an unrecorded possessory interest in a single-family or multi-unit residence must be mailed the foreclosure notices by regular mail, which is complete when sent to the lessee at the property or to 'Occupant' at the address. The foreclosure mailing list must also include 'occupant' at the property address. Rights of a lessee whose lease is recorded are not affected. Beyond this, tenants rely on the federal PTFA 90-day notice. (C.R.S. § 38-38-305(1), (1.5); § 38-38-100.3(14)(c)-(d))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.