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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
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 tenant
Page 2, Line 8under the rental agreement, a clause in the rental agreement that requires any of the following is void and unenforceable:
Page 2, Line 9(I) The payment of liquidated damages;
Page 2, Line 10(II) The acceleration of rent for a period that is beyond
Page 2, Line 11the end of the month or more than ten business days after the
Page 2, Line 12dwelling unit is vacated after notice to the landlord of the death of the tenant, whichever is later;
Page 2, Line 13(III) The payment or refund to the landlord of any concessions or move-in discounts; or
Page 2, Line 14(IV) The payment of any other fee, damages, or penalty
Page 2, Line 15assessed as a result of the early termination of the rental agreement.
Page 2, Line 16(b) A landlord may take possession of the dwelling unit
Page 2, Line 17without filing an eviction action or otherwise obtaining a court order if:
Page 2, Line 18(I) The executor of the estate notifies the landlord of the
Page 2, Line 19surrender of the premises; or
(II) Thirty days after the death of the tenant:
Page 3, Line 1(A) Rent remains unpaid; or
Page 3, Line 2(B) Substantially all of the tenant's property has been removed.
Page 3, Line 3SECTION 2. Act subject to petition - effective date -
Page 3, Line 4applicability. (1) This act takes effect September 1, 2025; except that,
Page 3, Line 5if a referendum petition is filed pursuant to section 1 (3) of article V of
Page 3, Line 6the state constitution against this act or an item, section, or part of this act
Page 3, Line 7within the ninety-day period after final adjournment of the general
Page 3, Line 8assembly, then the act, item, section, or part will not take effect unless
Page 3, Line 9approved by the people at the general election to be held in November
Page 3, Line 102026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
Page 3, Line 11(2) This act applies to rental agreements that are entered into on or after the applicable effective date of this act.