Colorado 2025 Regular Session

Colorado House Bill HB1108 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REREVISED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the Second House
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
7	7		LLS NO. 25-0428.01 Brita Darling x2241
8	8		HOUSE BILL 25-1108
9	9		House Committees Senate Committees
10	10		Transportation, Housing & Local Government Local Government & Housing
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING LIMITATIONS ON RE SIDENTIAL RENTAL AGREEMENT101
14	14		TERMS IN THE EVENT OF THE DEATH OF AN INDIVIDUAL WHO IS102
15	15		RESPONSIBLE FOR THE PAYMENT OF RENT .103
16	16		Bill Summary
17	17		(Note: This summary applies to this bill as introduced and does
18	18		not reflect any amendments that may be subsequently adopted. If this bill
19	19		passes third reading in the house of introduction, a bill summary that
20	20		applies to the reengrossed version of this bill will be available at
21	21		http://leg.colorado.gov
22	22		.)
23	23		The bill prohibits residential rental agreements from requiring
24	24		acceleration of rent, liquidated damages, or other penalties, or from
25	25		requiring a person to forgo a sum of money that would have otherwise
26	26		been refunded, if the rental agreement is terminated before the end of its
27	27		term due to the death of a tenant or other individual who is responsible
28	28		SENATE
29		-	3rd Reading Unamended
30		-	April 14, 2025
31		-	SENATE
32	29		Amended 2nd Reading
33	30		April 11, 2025
34	31		HOUSE
35	32		Amended 3rd Reading
36	33		March 4, 2025
37	34		HOUSE
38	35		Amended 2nd Reading
39	36		February 28, 2025
40	37		HOUSE SPONSORSHIP
41	38		Weinberg and Mabrey, Bacon, Barron, Bird, Boesenecker, Brown, Camacho, Clifford,
42	39		Duran, English, Espenoza, Feret, Froelich, Garcia, Hamrick, Jackson, Joseph, Lieder,
43	40		Lindsay, Lindstedt, Lukens, Mauro, McCluskie, McCormick, Paschal, Phillips, Ricks,
44	41		Rutinel, Sirota, Smith, Stewart K., Stewart R., Titone, Valdez, Willford, Zokaie
45	42		SENATE SPONSORSHIP
46		-	Kirkmeyer and Bridges, Amabile, Cutter, Exum, Gonzales J., Hinrichsen, Jodeh,
47		-	Michaelson Jenet, Weissman
	43	+	Kirkmeyer and Bridges,
48	44		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
49	45		Capital letters or bold & italic numbers indicate new material to be added to existing law.
50	46		Dashes through the words or numbers indicate deletions from existing law. for the payment of rent under the rental agreement.
51	47		Be it enacted by the General Assembly of the State of Colorado:1
52	48		SECTION 1. The short title of this act is "Letty's Act".2
53	49		SECTION 2. In Colorado Revised Statutes, 38-12-801, add (3.5)3
54	50		as follows:4
55	51		38-12-801. Written rental agreement - prohibited clauses -5
56	52		copy - tenant - applicability - definitions. (3.5) (a) I
57	53		N ADDITION TO6
58	54		OTHER PROHIBITED CLAUSES DESCRIBED IN SUBSECTION (3)(a) OF THIS7
59	55		SECTION, IF A RENTAL AGREEMENT IS TERMINATED BEFORE THE END OF8
60	56		THE TERM OF THE RENTAL AGREEMENT DUE TO THE DEATH OF A
61	57		TENANT9
62	58		UNDER THE RENTAL AGREEMENT , A CLAUSE IN THE RENTAL AGREEMENT10
63	59		THAT REQUIRES ANY OF THE FOLLOWING IS VOID AND UNENFORCEABLE :11
64	60		(I) T
65	61		HE PAYMENT OF LIQUIDATED DAMAGES ;12
66	62		(II) T
67	63		HE ACCELERATION OF RENT FOR A PERIOD THAT IS BEYOND13
68	64		THE END OF THE MONTH OR MORE THAN TEN BUSINESS DAYS AFTER THE14
69	65		DWELLING UNIT IS VACATED AFTER NOTICE TO THE LANDLORD OF THE15
70	66		DEATH OF THE TENANT, WHICHEVER IS LATER;16
71	67		(III) T
72	68		HE PAYMENT OR REFUND TO THE LANDLORD OF ANY17
73	69		CONCESSIONS OR MOVE-IN DISCOUNTS;
74	70		OR18
75	71		(IV) T
76	72		HE PAYMENT OF ANY OTHER FEE , DAMAGES, OR PENALTY19
77	73		ASSESSED AS A RESULT OF THE EARLY TERMINATION OF THE RENTAL20AGREEMENT.21
78	74		(b) A LANDLORD MAY TAKE POSSESSION OF THE DWELLING UNIT22
79	75		WITHOUT FILING AN EVICTION ACTION OR OTHERWISE OBTAINING A COURT23
80	76		ORDER IF:24
81	77		(I) THE PERSONAL REPRESENTATIVE OF THE TENANT'S ESTATE25
82	78		1108-2- NOTIFIES THE LANDLORD OF THE SURRENDER OF THE PREMISES ; OR 1
83	79		(II) THIRTY DAYS AFTER THE DEATH OF THE TENANT :2
84	80		(A) RENT REMAINS UNPAID; OR 3
85	81		(B) SUBSTANTIALLY ALL OF THE TENANT'S PROPERTY HAS BEEN4
86	82		REMOVED.5
87	83		(c) I
88	84		F THE DEATH OF A TENANT RESULTS IN DAMAGE TO THE
89	85		6
90	86		PROPERTY, THE LANDLORD MAY RETAIN A SECURITY DEPOSIT OR7
91	87		ASSOCIATED DAMAGES DEPOSIT SUFFICIENT TO COVER COSTS RELATED TO8
92	88		THE DAMAGE CAUSED BY THE DEATH OF THE TENANT .9
93	89		SECTION 3. Act subject to petition - effective date -10
94	90		applicability. (1) This act takes effect September 1, 2025; except that,11
95	91		if a referendum petition is filed pursuant to section 1 (3) of article V of12
96	92		the state constitution against this act or an item, section, or part of this act13
97	93		within the ninety-day period after final adjournment of the general14
98	94		assembly, then the act, item, section, or part will not take effect unless15
99	95		approved by the people at the general election to be held in November16
100	96		2026 and, in such case, will take effect on the date of the official17
101	97		declaration of the vote thereon by the governor.18
102	98		(2) This act applies to rental agreements that are entered into on19
103	99		or after the applicable effective date of this act.20
104	100		1108
105	101		-3-