First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
February 28, 2025
HOUSE SPONSORSHIP
Weinberg and Mabrey,
SENATE SPONSORSHIP
Kirkmeyer and Bridges,
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 A
TENANT8
UNDER THE RENTAL AGREEMENT , A CLAUSE IN THE RENTAL AGREEMENT9
THAT REQUIRES ANY OF THE FOLLOWING IS VOID AND UNENFORCEABLE :10
(I) T
HE PAYMENT OF LIQUIDATED DAMAGES ;11
(II) T
HE ACCELERATION OF RENT FOR A PERIOD THAT IS BEYOND12
THE END OF THE MONTH OR MORE THAN TEN BUSINESS DAYS AFTER THE13
DWELLING UNIT IS VACATED AFTER NOTICE TO THE LANDLORD OF THE14
DEATH OF THE TENANT, WHICHEVER IS LATER;15
(III) T
HE PAYMENT OR REFUND TO THE LANDLORD OF ANY16
CONCESSIONS OR MOVE-IN DISCOUNTS;
OR17
(IV) T
HE PAYMENT OF ANY OTHER FEE , DAMAGES, OR PENALTY18
ASSESSED AS A RESULT OF THE EARLY TERMINATION OF THE RENTAL19AGREEMENT.20
(b) A LANDLORD MAY TAKE POSSESSION OF THE DWELLING UNIT21
WITHOUT FILING AN EVICTION ACTION OR OTHERWISE OBTAINING A COURT22
ORDER IF:23
(I) THE PERSONAL REPRESENTATIVE OF THE TENANT'S ESTATE24
NOTIFIES THE LANDLORD OF THE SURRENDER OF THE PREMISES ; OR 25
1108-2- (II) THIRTY DAYS AFTER THE DEATH OF THE TENANT :1
(A) RENT REMAINS UNPAID; OR 2
(B) SUBSTANTIALLY ALL OF THE TENANT'S PROPERTY HAS BEEN3
REMOVED.4
SECTION 2. Act subject to petition - effective date -5
applicability. (1) This act takes effect September 1, 2025; except that,6
if a referendum petition is filed pursuant to section 1 (3) of article V of7
the state constitution against this act or an item, section, or part of this act8
within the ninety-day period after final adjournment of the general9
assembly, then the act, item, section, or part will not take effect unless10
approved by the people at the general election to be held in November11
2026 and, in such case, will take effect on the date of the official12
declaration of the vote thereon by the governor.13
(2) This act applies to rental agreements that are entered into on14
or after the applicable effective date of this act.15
1108
-3-