HB25-1108 Summary

HB25-1108: Prohibitions in Rental Agreements Due to Death
 

Prime Sponsors: Representative Ron Weinburg, Representative Javier Mabrey, Senator Barbara Kirkmeyer, Senator Jeff Bridges

Introduced: January 27, 2025

Signed: June 6, 2025

Effective Date: September 1, 2025
 

Summary:

Colorado law has established a variety of different clauses that are prohibited and may not be included in rental agreements. HB25-1108, which is known as the “Letty’s Act”, prohibits that if a rental agreement is terminated before the end of the term due to the death of a tenant, the following clauses are void and unenforceable:

1. The payment of liquidated damages;
2. The acceleration of rent for a period that is beyond the end of the month or more than ten (10) business days after the dwelling unit is vacated after notice to the landlord of the death of the tenant, whichever is later. 
3. The payment or refund to the landlord of any concessions or move-in discounts.
4. The payment or any fee, damages, or penalty for early termination.

Letty’s Act also grants rights to the landlord in the event of the death of the tenant. Specifically, a landlord may take possession of a dwelling unit without filing an eviction action in court if:

1. The personal representative of the tenant’s estate notifies the landlord of the surrender of the premises, or
2. Thirty (30) days after the death of the tenant, if:
   1. Rent remains unpaid, or 
   2. Substantially all of the tenant’s property has been removed.

Finally, if the death of the tenant results in damage to the premises, the landlord is permitted to retain the security deposit sufficient to cover the costs related to the damage caused by the death of the tenant.