Senate committee advances bill letting families end leases when a tenant dies without months of ongoing rent

A Colorado Senate committee on local government and housing advanced legislation Wednesday that would allow surviving families and estates to end a deceased tenant’s lease without paying the remaining months of rent in most cases.

Supporters said the bill responds to real cases in which grieving families were billed for months of rent after a tenant’s death. Opponents raised landlord concerns, and the bill was amended to preserve some landlord remedies for property damage.

Senator Kim Bridges, a sponsor, said the policy is straightforward: “If someone dies, the fact that they died shouldn't mean they have to pay an early termination fee for their lease.” She described constituent cases that prompted the proposal and said it is meant to ease a burden on families clearing a home after a death.

The bill’s current language would limit how long a landlord may accelerate rent after being notified of a tenant’s death. The re-engrossed draft sets a rule that the landlord may seek rent through the end of the month or for up to 10 business days after the unit is vacated — whichever is later — to give property owners a short window to recover possession. Senator Kurt Meyer said sponsors added explicit language allowing a landlord to take possession of the unit without first filing an eviction if the unit is abandoned after a tenant’s death.

Property-rights groups asked that landlords be able to retain security deposits for damage caused when a death results in property damage. Brian Tanner, vice president of public policy for the Colorado Association of Realtors, and Andrew Hamrick, general counsel for the Colorado Apartment Association, both testified in support of the bill as amended; Tanner said industry supporters requested an amendment to allow retention of security deposits to address property damage.

Larimer County Commissioner Jody Shibeck Nally said counties and local governments support the bill because it “addresses the financial burdens that can unexpectedly fall upon the surviving families of tenants who pass away during the term of their lease.”

Amendments: The committee adopted an amendment (L006) clarifying that a landlord may retain security deposit funds for damages arising from a tenant’s death. The L006 amendment passed, 6–1 (No: Vice Chair Gonzales).

Formal action: After amendments, the committee voted 7–0 to send the bill to the Committee of the Whole. Sponsors asked that the measure be placed on the committee’s consent calendar.

The committee hearing record shows back-and-forth questions about practical details — for example, how the provision would apply when a tenant’s roommate remains in the unit and how long landlords must wait before exercising remedies. Supporters said the bill is intended to strike a balance, protecting grieving families from long, unexpected rent obligations while preserving limited landlord remedies for damage and quick re-possession.

The bill now moves to the Committee of the Whole for further consideration.