Can a landlord charge a late fee in Colorado, and how much?
A late fee may be charged only if rent is at least 7 calendar days late and the fee is disclosed in the lease; maximum is the greater of $50 or 5% of the past-due rent. A tenant cannot be evicted for unpaid late fees.
Colorado allows a late fee only if rent is at least 7 calendar days late and the fee is disclosed in the lease. The maximum is the greater of $50 or 5% of the past-due rent. A tenant cannot be evicted for unpaid late fees.
Worked example for Colorado
Example: The lease discloses a late fee, and past-due rent is $1,000. A late fee may be charged only if that rent is at least 7 calendar days late. 5% of $1,000 is $50, so the greater of $50 or 5% is $50, which is the maximum in this example. If past-due rent were $2,000, 5% would be $100, and the maximum would be $100. A tenant cannot be evicted for unpaid late fees.
Colorado timelines and limits
When a late fee may be charged
Only if rent is at least 7 calendar days late, and the fee is disclosed in the lease
Maximum
The greater of $50 or 5% of the past-due rent
Unpaid late fees
A tenant cannot be evicted for unpaid late fees
Colorado FAQ
When may a Colorado landlord charge a late fee?
Only if rent is at least 7 calendar days late and the fee is disclosed in the lease, under C.R.S. § 38-12-105(1).
How much can the late fee be?
No more than the greater of $50 or 5% of the past-due rent.
Can I evict a tenant for unpaid late fees?
No. A tenant cannot be evicted for unpaid late fees.
This is general information, not legal advice. The verified rule and official sources above control. Check the source or a local attorney for your situation.
Related Colorado rules
Late fee grace period
No late fee may be charged until rent is at least 7 calendar days late. Fees are capped at the greater of $50 or 5% of past-due rent and must be disclosed in the lease. Tenants cannot be evicted for unpaid late fees.
Under C.R.S. § 13-40-104(1)(d), a tenant or lessee who holds over without permission of the landlord after any default in the payment of rent, after ten days' notice in writing has been duly served requiring in the alternative the payment of the rent or the possession of the premises, has committed an unlawful detention; except that, for a nonresidential agreement or an employer-provided housing agreement, three days' notice is required, and for an exempt residential agreement, five days' notice is required. No such agreement shall contain a waiver by the tenant of that notice requirement. It is not necessary, in order to work a forfeiture of such agreement for nonpayment of rent, to make a demand for such rent on the day it becomes due, but a failure to pay such rent upon demand, when made, works a forfeiture. Under subsection (4)(a), it is not an unlawful detention as described in subsection (1)(d), (1)(d.5), (1)(e), (1)(e.5), or (1)(j) if the tenant or lessee is a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, which was the cause of, contributed to, or resulted in the alleged unlawful detention and which has been documented by at least one of the listed methods (a police report; a valid civil, criminal, or emergency protection order or restraining order issued under article 14 or 14.5 of title 13 or section 18-1-1001; a self-attestation affidavit meeting the statute's content rules; or a letter signed by a qualified third party as described in the statute). Subsection (4)(b) provides that a person is not guilty of an unlawful detention under subsection (4)(a), including for nonpayment of rent, if the tenant agrees to and remains compliant with the requirements described in subsection (4)(e) and if the alleged violation was caused by or resulted from that unlawful sexual behavior, stalking, domestic violence, or domestic abuse against the tenant or lessee. A rental, lease, or other agreement must not contain a waiver of the protections in subsection (4). Subsection (4)(e) and the other paragraphs of subsection (1) are not fully restated here. Example: for an ordinary residential tenancy, the written pay-or-possess notice in subsection (1)(d) is ten days, not three; the three-day period in that subsection applies to a nonresidential agreement or an employer-provided housing agreement.
A landlord may charge an application fee only if the whole fee covers the landlord's actual or average cost of processing the application. A landlord must also accept a portable tenant screening report from an applicant (§ 38-12-904(1.5), HB23-1099). Landlords must accept a portable tenant screening report that meets the statute when an applicant provides one, and may not charge that applicant an application fee (C.R.S. § 38-12-904(1.5)).
A short email when a rule on this site changes. Free, unsubscribe anytime.
We use cookies for analytics (Google Analytics) and ads (Google AdSense). Analytics and ad cookies are only used after you accept, though Google may set a basic test cookie to check your browser settings. Privacy Policy