Renting a home that was foreclosed in Colorado: your rights

Your rights as a renter in Colorado, in order

1. Federal 90-day floor

   At least 90 days after written notice

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant must get written notice at least 90 days before the move-out date, and a lease signed before the foreclosure usually runs to its end unless the buyer will live there. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).

   Pub. L. 111-22 § 702 (12 U.S.C. § 5220 note); Pub. L. 115-174 § 304

2. Who counts, and Section 8

   Checked when title passes

   A bona fide tenant is not the former owner or the owner's child, spouse or parent, rented in an arm's length deal, and pays rent not far below market unless a subsidy lowers it. If you have a Section 8 voucher, the new owner takes over your lease and housing contract and can end it early only if it will live there and gives 90 days' notice.

   Pub. L. 111-22 § 702; 42 U.S.C. § 1437f(o)(7)

3. The buyer must go to court

   After the sale and a demand for possession

   Colorado lets a buyer at a foreclosure sale bring an eviction case against people whose rights came after the mortgage, once title is perfected and possession has been demanded. Colorado's for-cause eviction law lists possession after a legal sale as a cause, so it does not by itself stop that case, but the federal notice rules still apply.

   C.R.S. §§ 13-40-104(1)(f), 38-12-1303(2)(i)

4. No lockouts or utility shutoffs

   Any time

   A landlord cannot remove you without court process, and willfully cutting heat, water, electricity or gas or removing doors or locks counts as an unlawful removal. You can sue and recover your actual damages plus the higher of three months' rent or $5,000, along with attorney fees and costs.

   C.R.S. § 38-12-510

5. If your landlord's HOA forecloses

   After an association lien sale

   When a homeowners or condo association forecloses its lien, a tenant whose tenancy began before the lis pendens was recorded is a second-priority alternate lienor who may redeem the home, behind the owner and lienholders with debts. Ask the public trustee or sheriff and legal aid about deadlines right away.

   C.R.S. § 38-38-305.5(1)(a)(II)

6. Your security deposit

   30 days after you move out, or up to 60 if the lease says

   The landlord must return your deposit, or a written list of reasons for keeping part of it with the balance, within 30 days after the lease ends or you move out, or up to 60 days if the lease says so. It cannot keep money for normal wear and tear. Ask the new owner in writing whether it received your deposit.

   C.R.S. § 38-12-103(1)(a)

Common questions in Colorado