Responsibilities of a Life Tenant in Colorado: Repair, Maintenance, and Waste

Short answer: A life tenant in Colorado must keep the property in reasonable condition, pay ordinary expenses tied to possession (such as utilities and likely property taxes and mortgage interest), and must not commit waste—that is, they may not intentionally or negligently reduce the value of the property or change its character without permission. If a life tenant fails to meet these duties, the remainderman can sue to stop waste and recover damages.

What is a life estate and who are the parties?

A life estate gives one person (the life tenant) the right to use and occupy real property for the duration of that person’s life. When the life tenant dies, ownership passes to the remainderman (the person or entity with the future interest). These are property interests recognized in Colorado under real property law; many of the rules that apply are common-law principles, often supplemented by Colorado statutes addressing taxes, liens, and related matters. See Colorado Revised Statutes, Title 38 (Real and Personal Property): https://leg.colorado.gov/statutes-title/38-real-and-personal-property.

Core duties of the life tenant

1. Duty to avoid waste

Colorado law enforces the common-law doctrine of waste. Waste has three main forms:

Affirmative waste: intentional acts that damage or deplete the property (for example, tearing down a valuable building or removing fixtures that substantially reduce value).
Permissive waste: failure to perform ordinary upkeep or repairs, allowing the property to deteriorate (for example, ignoring a leaking roof until structural damage occurs).
Ameliorative waste: changes that increase value but alter the property’s character (for example, converting a historic home into a commercial space) — courts sometimes allow these changes, but only with consent from the remainderman or a court order.

Remaindermen can seek injunctive relief or damages if a life tenant commits waste.

2. Ordinary repairs and maintenance

The life tenant must perform ordinary repairs and reasonable maintenance to preserve the property’s value. Routine tasks include maintaining heating/plumbing systems, repairing leaks, mowing and landscape upkeep, and addressing safety issues. If the life tenant fails to make basic repairs and the property value falls as a result, the remainderman can seek a court order to compel repairs or recover the cost of corrective action.

3. Taxes, assessments, utilities, insurance, and mortgage interest

How expenses are allocated can vary, but general rules that often apply in Colorado and elsewhere are:

Property taxes and special assessments: The life tenant typically pays property taxes and routine local assessments that accrue during the life tenancy. Colorado statutes govern property tax procedures and liens; see Colorado Revised Statutes, Title 39 (Taxation): https://leg.colorado.gov/statutes-title/39-taxation.
Mortgage payments: If a mortgage or lien existed on the property before the life estate was created, the life tenant may be responsible for interest and costs attributable to the period of their possession, while the remainderman has a strong interest in preventing foreclosure. Exact allocation can depend on the mortgage terms and specific facts.
Insurance: The life tenant should keep appropriate insurance that protects the property while they occupy it. The remainderman’s interest may also require separate or additional coverage for the future interest.

Because statutes and lien rules affect taxes and foreclosures, consult the Colorado statutes and an attorney for precise allocations and to avoid risking the remainderman’s interest.

When can a life tenant make improvements?

A life tenant may perform ordinary improvements, repairs, or alterations that are reasonable and do not amount to ameliorative or affirmative waste. Significant alterations that change the use or character of the property usually require either the remainderman’s written consent or a court order. Absent agreement, the remainderman can seek to undo unauthorized major changes or recover damages.

What remedies does a remainderman have?

Injunctions to stop ongoing waste.
Monetary damages to repair or compensate for loss in value caused by waste.
Court orders allocating costs (for example, ordering the life tenant to pay for repairs or, in some circumstances, requiring the remainderman to contribute to necessary major repairs that protect the future interest).

Practical steps for life tenants and remaindermen in Colorado

Follow these best practices to reduce disputes and protect interests:

Keep detailed records: save receipts for repairs, taxes, insurance, utilities, and communications about the property.
Communicate in writing: notify remaindermen of major repairs, proposed improvements, or any conditions that risk property damage.
Get agreements in writing: if the life tenant and remainderman agree on improvements, taxes, or cost sharing, put that agreement in writing and, if appropriate, record it.
Avoid major alterations without consent: obtain written permission from remaindermen or a court order before making large changes.
Consult an attorney early: if there’s uncertainty about obligations (tax allocation, mortgage responsibility, repairs versus improvements), get legal advice to avoid litigation or loss of property value.

How Colorado law applies

Many obligations of life tenants arise from common law doctrines (especially the prohibition on waste). Colorado’s statutory framework governs taxes, liens, foreclosures, and other procedural protections; those statutes can affect who must pay what and how disputes proceed. For statutory text and procedural rules, see the Colorado Revised Statutes: general statutes page (https://leg.colorado.gov/colorado-revised-statutes), Title 38 (Real and Personal Property) for property topics (https://leg.colorado.gov/statutes-title/38-real-and-personal-property), and Title 39 (Taxation) for property tax issues (https://leg.colorado.gov/statutes-title/39-taxation).

When to speak with a Colorado attorney

Seek legal help if any of the following apply:

There is a dispute about who must pay property taxes, mortgage payments, or major repair costs.
A life tenant proposes major alterations or improvements and the remainderman objects.
Property is deteriorating and the remainderman wants to stop or remedy waste.
There is a threat of foreclosure, or unclear liens that could affect the remainderman’s future interest.

Helpful Hints

Document everything: photos, dated notices, invoices, and receipts can prove whether a life tenant performed repairs or caused waste.
Distinguish repair from improvement: repairs restore condition; improvements change use or character and often require consent.
Pay taxes on time: property-tax liens can threaten both life tenant and remainderman if unpaid.
Use written agreements for cost-sharing: if a remainderman is willing to fund an improvement, document who pays and how value will be handled later.
Ask for a court accounting or partition only if negotiations fail: litigation can resolve disputes but increases cost and risk for both sides.

Disclaimer: This article explains general legal principles under Colorado law and common law doctrines relevant to life estates. It is not legal advice. Every situation turns on its facts. For advice about a specific property or dispute, consult a licensed Colorado attorney.