Colorado 2025 2025 Regular Session

Colorado House Bill HB1108 Introduced / Bill

Filed 01/27/2025

                    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-