2022 Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 1 - Fiduciary
Part 4 - Uniform Principal and Income Act
§ 15-1-415. Rental Property

To the extent that a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods, must be added to principal and held subject to the terms of the lease and is not available for distribution to a beneficiary until the trustee's contractual obligations have been satisfied with respect to that amount.

Source: L. 2000: Entire part R&RE, p. 1140, § 1, effective July 1, 2001.

Application of Section 15-1-415. This section applies to the extent that the trustee does not account separately under Section 15-1-415 for the management of rental properties owned by the trust.

Receipts that are capital in nature. A portion of the payment under a lease may be a reimbursement of principal expenditures for improvements to the leased property that is characterized as rent for purposes of invoking contractual or statutory remedies for nonpayment. If the trustee is accounting for rental income under Section 15-1-415, a transfer from income to reimburse principal may be appropriate under Section 15-1-429 to the extent that some of the "rent" is really a reimbursement for improvements. This set of facts could also be a relevant factor for a trustee to consider under Section 15-1-404 (2) in deciding whether and to what extent to make an adjustment between principal and income under Section 15-1-404 (2) after considering the return from the portfolio as a whole.