A Bill for an Act
Page 1, Line 101Concerning limitations on residential rental agreement
Page 1, Line 102terms in the event of the death of an individual who is
Page 1, Line 103responsible for the payment of rent.
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 for the payment of rent under the rental agreement.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 38-12-801, add (3.5) as follows:
Page 2, Line 338-12-801. Written rental agreement - prohibited clauses -
Page 2, Line 4copy - tenant - applicability - definitions. (3.5) (a) In addition to
Page 2, Line 5other prohibited clauses described in subsection (3)(a) of this
Page 2, Line 6section, if a rental agreement is terminated before the end of
Page 2, Line 7the term of the rental agreement due to the death of a
Page 2, Line 8responsible party under the rental agreement, a clause in the
Page 2, Line 9rental agreement that requires any of the following is void and unenforceable:
Page 2, Line 10(I) The payment of liquidated damages;
Page 2, Line 11(II) The acceleration of rent for a period that is beyond
Page 2, Line 12the end of the month in which the landlord is notified of the
Page 2, Line 13death of a responsible party under the rental agreement, or for
Page 2, Line 14more than seven business days after the dwelling unit is vacated after notice to the landlord of the death, whichever is earlier;
Page 2, Line 15(III) The payment or refund to the landlord of any concessions or move-in discounts;
Page 2, Line 16(IV) The payment of any other fee, damages, or penalty
Page 2, Line 17assessed as a result of the early termination of the rental agreement; or
Page 2, Line 18(V) That a person forgo a sum of money that would have
Page 2, Line 19otherwise been refunded but for the early termination of the
Page 2, Line 20rental agreement.
Page 3, Line 1(b) As used in this subsection (3.5), "responsible party
Page 3, Line 2under the rental agreement" means a tenant who is responsible
Page 3, Line 3for the payment of rent under a rental agreement or another
Page 3, Line 4individual who is responsible for the payment of rent under the rental agreement.
Page 3, Line 5SECTION 2. Act subject to petition - effective date -
Page 3, Line 6applicability. (1) This act takes effect September 1, 2025; except that,
Page 3, Line 7if a referendum petition is filed pursuant to section 1 (3) of article V of
Page 3, Line 8the state constitution against this act or an item, section, or part of this act
Page 3, Line 9within the ninety-day period after final adjournment of the general
Page 3, Line 10assembly, then the act, item, section, or part will not take effect unless
Page 3, Line 11approved by the people at the general election to be held in November
Page 3, Line 122026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
Page 3, Line 13(2) This act applies to rental agreements that are entered into on or after the applicable effective date of this act.