First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0428.01 Brita Darling x2241 HOUSE BILL 25-1108 House Committees Senate Committees Transportation, Housing & Local Government A BILL FOR AN ACT C ONCERNING LIMITATIONS ON RE SIDENTIAL RENTAL AGREEMENT101 TERMS IN THE EVENT OF THE DEATH OF AN INDIVIDUAL WHO IS102 RESPONSIBLE FOR THE PAYMENT OF RENT .103 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill prohibits residential rental agreements from requiring acceleration of rent, liquidated damages, or other penalties, or from requiring a person to forgo a sum of money that would have otherwise been refunded, if the rental agreement is terminated before the end of its term due to the death of a tenant or other individual who is responsible HOUSE SPONSORSHIP Weinberg, SENATE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. for the payment of rent under the rental agreement. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 38-12-801, add (3.5)2 as follows:3 38-12-801. Written rental agreement - prohibited clauses -4 copy - tenant - applicability - definitions. (3.5) (a) I N ADDITION TO5 OTHER PROHIBITED CLAUSES DESCRIBED IN SUBSECTION (3)(a) OF THIS6 SECTION, IF A RENTAL AGREEMENT IS TERMINATED BEFORE THE END OF7 THE TERM OF THE RENTAL AGREEMENT DUE TO THE DEATH OF A8 RESPONSIBLE PARTY UNDER THE RENTAL AGREEMENT , A CLAUSE IN THE9 RENTAL AGREEMENT THAT REQUIRES ANY OF THE FOLLOWING IS VOID AND10 UNENFORCEABLE:11 (I) T HE PAYMENT OF LIQUIDATED DAMAGES ;12 (II) T HE ACCELERATION OF RENT FOR A PERIOD THAT IS BEYOND13 THE END OF THE MONTH IN WHICH THE LANDLORD IS NOTIFIED OF THE14 DEATH OF A RESPONSIBLE PARTY UNDER THE RENTAL AGREEMENT , OR FOR15 MORE THAN SEVEN BUSINESS DAYS AFTER THE DWELLING UNIT IS VACATED16 AFTER NOTICE TO THE LANDLORD OF THE DEATH , WHICHEVER IS EARLIER;17 (III) T HE PAYMENT OR REFUND TO THE LANDLORD OF ANY18 CONCESSIONS OR MOVE-IN DISCOUNTS;19 (IV) T HE PAYMENT OF ANY OTHER FEE , DAMAGES, OR PENALTY20 ASSESSED AS A RESULT OF THE EARLY TERMINATION OF THE RENTAL21 AGREEMENT; OR22 (V) T HAT A PERSON FORGO A SUM OF MONEY THAT WOULD HAVE23 OTHERWISE BEEN REFUNDED BUT FOR THE EARLY TERMINATION OF THE24 RENTAL AGREEMENT.25 HB25-1108-2- (b) AS USED IN THIS SUBSECTION (3.5), "RESPONSIBLE PARTY1 UNDER THE RENTAL AGREEMENT " MEANS A TENANT WHO IS RESPONSIBLE2 FOR THE PAYMENT OF RENT UNDER A RENTAL AGREEMENT OR ANOTHER3 INDIVIDUAL WHO IS RESPONSIBLE FOR THE PAYMENT OF RENT UNDER THE4 RENTAL AGREEMENT.5 SECTION 2. Act subject to petition - effective date -6 applicability. (1) This act takes effect September 1, 2025; except that,7 if a referendum petition is filed pursuant to section 1 (3) of article V of8 the state constitution against this act or an item, section, or part of this act9 within the ninety-day period after final adjournment of the general10 assembly, then the act, item, section, or part will not take effect unless11 approved by the people at the general election to be held in November12 2026 and, in such case, will take effect on the date of the official13 declaration of the vote thereon by the governor.14 (2) This act applies to rental agreements that are entered into on15 or after the applicable effective date of this act.16 HB25-1108 -3-