Tenant Rights After Death

Summary

In Colorado, when someone dies without a will, their assets are distributed according to intestate succession laws. Personal effects typically go to the surviving spouse or children. If a landlord withholds a security deposit, they must provide a written explanation within 30 days. Failure to do so can result in legal action for the full deposit plus potential damages. Consulting a local attorney is advisable for specific advice.

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Onesia Najera
Hello Onesia Najera, how can I assist you with legal information today?
My brother recently passed away on August e
I'm sorry to hear about your loss, Onesia. Could you please tell me if your brother had a will or any estate planning documents? These would guide the distribution of his assets.
August * th he had just moved into an apartment on August * jis death was sudden and completely unexpected there was no will or trust he wasn't wealthy all he had were his personal effects
I'm sorry for your loss, Onesia. In Colorado, when someone passes away without a will, their assets are distributed according to the intestate succession laws.
- Personal effects typically go to the surviving spouse or children, if any.
- If none exist, the next in line would be parents, then siblings.
The problem is the company who owns the property is trying to charge my niece his daughter an Inconvenience fee and keep his deposit even though the apartment was occupied less than 31 days and left in pristine condition
I'm sorry to hear about this situation. In Colorado, landlords typically have one month to return a security deposit, unless a different timeline is stated in the lease. If the landlord is withholding a deposit:
- They must provide a written explanation.
- If they fail to do so, the tenant could be entitled to the full deposit back plus treble damages.
You may want to consult a local attorney for specific advice.
So they have 30 days to return a deposit or provide an explanation in writing as to why they are not refunding a deposit
That's correct, Onesia. The landlord in Colorado has 30 days to either return the deposit or provide an itemized statement as to why the full or part of the deposit is being withheld. If they fail to comply, legal action can be taken.