What Happens If A Tenant Dies During A Lease In Colorado?

A tenant has passed away during the middle of the lease…now what?

On September 1, 2025, a new piece of legislation discussing the passing of a tenant took effect. HB 25-1108 discusses prohibited default terms in residential lease agreements when a tenant passes away and discusses how a landlord may expeditiously regain possession of the premises.

Prohibited Lease Terms

Often, contracts such as lease agreements have death as an event of default. Boiler plate lease agreements will have default remedies such as the acceleration of future rent, the immediate obligation to pay any rental concessions afforded to a tenant at the beginning of the lease, or a break lease fee. However, these terms will no longer be valid in residential lease agreements when a tenant passes away.

HB 25-1108 now prohibits: (a) the payment of liquidated damages; (b) the acceleration of rent for the later period of: (i) beyond the end of the month; or (ii) more than ten (10) business days after the premises are vacated after notice to the landlord of death of the tenant; (c) the payment or refund of any concessions or move-in discounts; and (d) the payment of any other fee, damage, or penalty assessed as a result of the early termination of a rental agreement.

When a tenant passes away in the middle of the lease term.

Simply put, the death of a tenant is not going to be considered an event of default under the lease agreement.

Possession of the Premises

One benefit of the legislation is that it authorizes a landlord to take possession of a dwelling unit without an eviction action or court order if: (1) the personal representative notifies the landlord that the premises are being surrendered due to the tenant’s passing; or (2) if 30-days after the death of the tenant, rent remains unpaid or substantially all of the tenant’s personal property has been removed. Further, if the death of the tenant resulted in damaged to the Premises, the landlord may retain the deposit to address the damage.

This process has the benefit of expediting a property owner’s ability to regain possession of the premises. If you’re a landlord or property owner dealing with lease or property management issues, our Lakewood real estate lawyers can help you understand your rights and obligations under Colorado law.

While an eviction action may not be necessary as outlined above, it is important to consult with legal counsel to ensure that your specific circumstances meet the above qualifications. For example, if the tenant had other residing with him or her at the time of passing, you may not be able to avail yourself of the above procedure. Schedule a consultation with Pearson & Paris, P.C. to see if you need a formal eviction as a result of a tenant’s passing.