Colorado Subletting, Lease Endings & Tenant Death
Colorado rules on subletting, lease endings & tenant death for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Colorado's landlord-tenant article has no section setting a rule on whether a residential tenant may sublet or assign, or on landlord consent. C.R.S. title 38, art. 12 (reviewed)
The rules in Colorado
| Subletting | Colorado's landlord-tenant article has no section setting a rule on whether a residential tenant may sublet or assign, or on landlord consent. Reviewed C.R.S. title 38, article 12 (2024 edition) on 2026-10-28; no provision found. |
|---|---|
| When the lease ends | For most residential tenants who have lived in the unit at least 12 months, a landlord may not serve a notice to end the tenancy or file an eviction without cause as defined by statute; for these tenants, staying after the lease term ends is not by itself listed as cause. Where cause is not required (for example, tenants of less than 12 months or certain owner-occupied small properties), either side may end a periodic tenancy or decline to renew a fixed term with written notice: at least 91 days for a tenancy of a year or more, 28 days for six months to a year, 21 days for one to six months, and 3 days for one week to a month. A tenant with a fixed-term lease that ends on a set date need not give notice. Text from the Colorado Revised Statutes 2024 edition; later session laws may have changed it. The statutes reviewed do not set a holdover rent penalty. |
| If a tenant dies | Colorado's landlord-tenant article has no section on what happens to a lease, the deposit, or belongings when a tenant dies. Reviewed C.R.S. title 38, article 12 (2024 edition) on 2026-10-28; no provision found. |
Colorado vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| Colorado | Colorado's landlord-tenant article has no section setting a rule on whether a residential tenant may sublet or assign, or on landlord consent. C.R.S. title 38, art. 12 (reviewed) | For most residential tenants who have lived in the unit at least 12 months, a landlord may not serve a notice to end the tenancy or file an eviction without cause as defined by statute; for these tenants, staying after the lease term ends is not by itself listed as cause. Where cause is not required (for example, tenants of less than 12 months or certain owner-occupied small properties), either side may end a periodic tenancy or decline to renew a fixed term with written notice: at least 91 days for a tenancy of a year or more, 28 days for six months to a year, 21 days for one to six months, and 3 days for one week to a month. A tenant with a fixed-term lease that ends on a set date need not give notice. C.R.S. §§ 38-12-1302, 38-12-1303, 13-40-107 | Colorado's landlord-tenant article has no section on what happens to a lease, the deposit, or belongings when a tenant dies. C.R.S. title 38, art. 12 (reviewed) |
| Arizona | Arizona's Residential Landlord and Tenant Act has no section setting a rule on whether a tenant may sublet or assign, or on landlord consent. A.R.S. title 33, ch. 10 (reviewed) | If a tenant stays after the lease ends without the landlord's consent, the landlord may sue for possession, and if the holdover is willful and not in good faith the landlord may also recover the greater of two months' periodic rent or twice actual damages. If the landlord consents in writing to the tenant staying, the tenancy is week-to-week for a roomer paying weekly rent and month-to-month in other cases. A month-to-month tenancy ends with written notice at least 30 days before the rental date named in the notice; week-to-week needs at least 10 days. The act does not address automatic-renewal clauses. A.R.S. §§ 33-1375, 33-1314(D) | A landlord may ask for, and the tenant may give, the name and contact information of a person authorized to enter and remove and store the tenant's belongings and animal if the tenant dies or becomes incapacitated. If that person cannot be reached or does not respond within one day (animal) or ten days (other property) after the landlord's first written contact, the landlord may dispose of the property under the abandonment rules and treat the animal as abandoned. The authorized person must show government ID and has 20 days from the first written contact or the last paid-rent date, whichever is longer, to remove items and return keys; the landlord is not liable for items after allowing that removal. A.R.S. § 33-1314(E)-(G) |
| Kansas | Kansas has no state law in its Residential Landlord and Tenant Act that sets a rule on subletting or assigning a residential lease, such as requiring the landlord's consent. K.S.A. 58-2540 to 58-2573 (reviewed) | Either side may end a month-to-month tenancy with written notice that it ends on a rent-paying date at least 30 days after the notice is received (7 days for week-to-week). If the tenant stays after the lease ends without the landlord's consent, the landlord may sue for possession and, if the holdover is willful and not in good faith, recover up to 1.5 months' rent or 1.5 times actual damages, whichever is greater. If a landlord gives the tenant a move-out notice form with terms not in the lease, it must carry a bold warning or the tenant's signature does not bind the tenant to those extra terms. K.S.A. 58-2570(a)-(c), (e) | Not verified yet |
| Nebraska | Nebraska's Uniform Residential Landlord and Tenant Act has no provision on subletting or assigning a lease. Neb. Rev. Stat. §§ 76-1401 to 76-1449 (reviewed) | If the tenant stays without the landlord's consent after the lease ends or is terminated, the landlord may sue for possession. If the holdover is willful and not in good faith, the landlord may also recover up to three months' periodic rent or three times actual damages, whichever is greater, plus reasonable attorney's fees. If the landlord agrees to the tenant staying, the tenancy is week to week for a roomer paying weekly rent and month to month in all other cases. Neb. Rev. Stat. §§ 76-1437(3), 76-1414(4) | A landlord may ask the tenant to name a person authorized to enter and retrieve the tenant's belongings if the tenant dies. After a tenant's death, the landlord must make a reasonable attempt to contact that person within 10 days. The person has 20 days after contact to say they will claim the property and then 20 more days to remove it, with reasonable access on showing valid government ID. Property not removed, or unclaimed if the person cannot be reached or does not respond within 20 days, may be disposed of under the Disposition of Personal Property Landlord and Tenant Act. Neb. Rev. Stat. § 76-1414(5) |
| New Mexico | New Mexico's Uniform Owner-Resident Relations Act has no provision on subletting or assigning a rental agreement. NMSA 1978, §§ 47-8-1 to 47-8-52 (reviewed) | If a resident stays without the owner's consent after the rental agreement expires or ends, the owner may sue for possession; if the holdover is willful and not in good faith, the owner may also recover the damages sustained and reasonable attorney's fees. If the owner consents to continued occupancy, the residency is week to week for a person paying weekly rent and month to month otherwise. NMSA 1978, §§ 47-8-37(C), 47-8-15(C) | When a resident who is the sole occupant dies, the owner must turn over the belongings to the resident's designated contact person or anyone else lawfully entitled who asks before they are discarded, and must refund the security deposit (less lawful deductions, including removal and storage costs) to that person. The owner may remove and store the property, require an inventory signature, and may discard it only after mailing a certified-mail request to the contact person and waiting 30 days with no one claiming it. An owner may ask in writing (including in the lease) for the resident to name a contact person. NMSA 1978, § 47-8-34.2 |
| Oklahoma | A tenant whose lease is for two years or less, or who is a tenant at will or by sufferance, may not assign or transfer the tenancy or any part of it without the landlord's written consent. If the tenant does so anyway, the landlord may give 10 days' notice to quit and then re-enter and remove the tenant and any subtenant. Sublessees have the same remedies against the original landlord on the original lease covenants as against their immediate lessor. 41 O.S. §§ 10, 11, 14 | A lease for a definite term ends on its ending date without notice unless the parties agreed otherwise. If the tenant stays without the landlord's consent, the landlord may sue right away for possession and damages, and if the holdover is willful and not in good faith, may also recover up to twice the average monthly rent (prorated daily) for each month or part of a month the tenant stays. If the landlord consents to the tenant staying, a month-to-month tenancy is created unless the parties agree otherwise. 41 O.S. § 111(C), (D) | On the landlord's written request, a tenant must name an emergency contact and sign a statement authorizing the landlord, if the tenant dies, to let that person into the unit, remove the tenant's belongings and receive the deposit refund. When a tenant who lived alone dies, the landlord may remove and store the belongings, must turn them over to the designated person or anyone else legally entitled who asks before they are discarded, and must refund the deposit (less lawful deductions, including removal and storage costs). The landlord may discard the property only after a certified-mail request to the designated person goes unanswered for 30 days after the postmark and no one has claimed it. A landlord who knowingly violates these rules is liable to the estate for actual damages. 41 O.S. § 130.1 |
| Utah | Utah's landlord-tenant statutes do not set a rule on whether a landlord must consent to subletting or assignment. If a tenant assigns or sublets contrary to the lease, the landlord may serve a three-calendar-day notice to quit, and staying after that notice is an unlawful detainer. Utah Code § 78B-6-802(1)(d); Title 57 Ch. 22 and Title 78B Ch. 6 Part 8 (reviewed) | A lease for a fixed term ends at the end of the term without notice, and a tenant who stays after that is in unlawful detainer. For a month-to-month or other periodic tenancy, the owner must serve notice at least 15 calendar days before the end of the rental period; a tenancy at will needs at least 5 calendar days' notice. In an eviction case the court enters judgment for the rent and for three times the damages assessed for the unlawful detainer, plus attorney fees to the winning party. The statutes do not address automatic-renewal clauses. Utah Code §§ 78B-6-802(1)(a)-(b), 78B-6-811(3), (5) | Utah's landlord-tenant statutes do not say that a lease ends when a tenant dies or give the estate a special notice period. If the premises are treated as abandoned and belongings are left, the owner must follow the abandoned-property process (posted and mailed notice, storage for at least 15 calendar days); an immediate family member who provides a death certificate or obituary gets an extension of up to 15 more calendar days to recover the property. Utah Code § 78B-6-816(2), (7)(c) |
| Wyoming | Wyoming's residential rental statutes do not set a rule on whether a landlord must consent to subletting or assignment. They do require the renter not to increase the number of occupants above what the rental agreement allows without the owner's written permission. W.S. 1-21-1204(a)(v); W.S. 1-21-1201 to 1-21-1211 (reviewed) | A tenant who holds over after the lease term can be removed through a forcible entry and detainer case, which requires a written notice to leave served at least three days before the case is filed. Wyoming's residential rental and eviction statutes do not address automatic-renewal clauses, the notice needed to end a month-to-month tenancy, or a holdover rent penalty. W.S. 1-21-1002(a)(i), 1-21-1003; W.S. 1-21-1001 to 1-21-1211 (reviewed) | Wyoming's residential rental and eviction statutes do not address what happens to a lease when a renter dies. After the rental agreement ends, the general abandoned-property rules apply: the owner must send written notice describing valuable property and may dispose of it after seven days if no one claims it. W.S. 1-21-1210(a); W.S. 1-21-1001 to 1-21-1211 (reviewed) |
City rules that may add to state law
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Colorado Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in Colorado?
Colorado's landlord-tenant article has no section setting a rule on whether a residential tenant may sublet or assign, or on landlord consent. (C.R.S. title 38, art. 12 (reviewed))
What happens when my lease ends in Colorado?
For most residential tenants who have lived in the unit at least 12 months, a landlord may not serve a notice to end the tenancy or file an eviction without cause as defined by statute; for these tenants, staying after the lease term ends is not by itself listed as cause. Where cause is not required (for example, tenants of less than 12 months or certain owner-occupied small properties), either side may end a periodic tenancy or decline to renew a fixed term with written notice: at least 91 days for a tenancy of a year or more, 28 days for six months to a year, 21 days for one to six months, and 3 days for one week to a month. A tenant with a fixed-term lease that ends on a set date need not give notice. (C.R.S. §§ 38-12-1302, 38-12-1303, 13-40-107)
What happens to a lease when a tenant dies in Colorado?
Colorado's landlord-tenant article has no section on what happens to a lease, the deposit, or belongings when a tenant dies. (C.R.S. title 38, art. 12 (reviewed))
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.