Short answer: Colorado late fee laws are among the strictest in the country. Under C.R.S. § 38-12-105, a landlord cannot charge a late fee until rent is at least seven calendar days late, and the fee cannot exceed the greater of $50 or 5% of the past-due rent. A landlord also cannot evict you, or start an eviction case, because you did not pay late fees.
These rules came from Senate Bill 21-173, which took effect on October 1, 2021, according to the source note printed under the section in the official Colorado Revised Statutes. They apply to apartments, houses and mobile home lots alike, and the statute adds penalties when a landlord breaks them.
Colorado late fee laws: quick reference
| Rule | Colorado | Statute |
|---|---|---|
| Grace period | No fee until rent is at least 7 calendar days late | C.R.S. § 38-12-105(1)(a) |
| Maximum fee | Greater of $50 or 5% of the past-due rent | C.R.S. § 38-12-105(1)(b) |
| Must be in the lease | Yes | C.R.S. § 38-12-105(1)(c) |
| Eviction for unpaid fees | Prohibited | C.R.S. § 38-12-105(1)(d), (7) |
| Written notice of the fee | Within 180 days after rent was due | C.R.S. § 38-12-105(1)(j) |
| Nonpayment demand | 10 days’ written notice to pay or leave | C.R.S. § 13-40-104(1)(d) |
The seven-day grace period and the $50-or-5% cap
Section 38-12-105(1)(a) bars a late fee “unless a rent payment is late by at least seven calendar days.” If rent is due on the 1st, the earliest a fee can attach is the 8th. A lease that sets a shorter window does not change that.
The cap in subsection (1)(b) has a floor built in. The fee may not exceed “the greater of” $50 or 5% of the past-due rent payment. On rent of $1,000 or less, 5% is $50 or under, so $50 is the ceiling. Above $1,000, the 5% figure takes over. On $2,400 rent, for example, the most a landlord can charge is $120.
Notice that 5% is measured against “the past due rent payment,” not the full monthly rent. If you paid most of the rent on time and only $300 is late, 5% of $300 is $15, so the $50 floor would apply.
Stacking, interest and payment application
Colorado is one of the few states that answers these questions directly. Under § 38-12-105(1):
- (g) One fee per late payment. A landlord may impose a fee more than once for the same late payment only if the total stays within the $50-or-5% cap. A $10 daily fee that runs to $200 on $1,500 rent breaks the rule.
- (h) No interest on fees. A landlord may not require any interest on a late fee.
- (i) No skimming rent. A landlord may not recoup a late fee out of a rent payment you make. Your rent goes to rent, so a fee cannot make an on-time payment look short.
- (j) 180-day notice. A landlord must give you written notice of a late fee within 180 days after the rent was due, or the fee cannot be charged.
Late fees must be in the lease, and they are not rent
Subsection (1)(c) bars a landlord from requiring you to pay a late fee “unless the late fee is disclosed in the rental agreement.” A fee announced by text or posted in the lobby does not qualify. Under subsection (2), any lease provision that conflicts with subsection (1) is void and unenforceable.
Subsection (7) adds that “a late fee is distinct from rent,” and a lease may not classify a late fee as rent for purposes of the 10-day demand in § 13-40-104(1)(d). That closes a loophole some landlords used elsewhere, where a lease defined every charge as “additional rent” so it could be folded into an eviction notice.
Late fees in a Colorado eviction
For a residential lease, C.R.S. § 13-40-104(1)(d) requires ten days’ written notice demanding either payment of the rent or possession before an eviction case can be filed. The notice cannot be waived in the lease. Five days applies to “exempt residential” agreements and three days to nonresidential or employer-provided housing.
Late fees play no part in that process. Section 38-12-105(1)(d) bars a landlord from removing or excluding you, or starting a court process to do so, because you failed to pay one or more late fees. Subsection (6) lets you raise any violation of the section as an affirmative defense in an eviction case. If a demand lists a late fee alongside the rent, pay the rent within the ten days and dispute the fee separately.
What a landlord owes you for breaking the rules
The statute has teeth. A landlord who violates subsection (1) owes you a $50 penalty for each violation under subsection (3). Under subsection (4), the landlord then has seven days to cure after receiving your written or electronic notice of the violation. If the landlord does not cure, subsection (5) lets you sue for compensatory damages, a penalty of $150 to $1,000 per violation, costs including reasonable attorney fees to the prevailing party, and other equitable relief.
Worked example: an Aurora renter who paid on the 9th
Elena rents an Aurora apartment for $1,600 a month, due on the 1st. Her lease charges “$25 on the 3rd plus $10 a day until paid.” She pays March rent on Monday, March 9, 2026.
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Under § 38-12-105(1)(a), no fee could attach until rent was seven calendar days late, which is March 8. The cap is the greater of $50 or 5% of $1,600, which is $80. Her lease would have produced $85 by March 9 ($25 plus six days at $10), and it started charging on the 3rd, so the clause violates subsections (1)(a) and (1)(b) and is void under subsection (2). She sends the landlord a written notice of the violation, which starts the seven-day cure period. If the landlord refuses to fix it, she can seek the remedies in subsection (5).
Had her rent been $900, 5% would be only $45, so the $50 floor would have set her cap.
Mobile home lots and subsidized rent
Section 38-12-105 covers “home owners” in mobile home parks as well as tenants, and subsection (1)(e) bars a park from terminating a tenancy or lease because a home owner fails to pay late fees. The Mobile Home Park Act adds its own timing rule: C.R.S. § 38-12-213(1)(c) requires the written rental agreement to state the day unpaid rent is considered in default for a late fee, and that day “may not be less than ten calendar days” after rent is due. The agreement must also list all charges other than rent, including late fees. Compare other states on our mobile home park laws by state page.
If you receive rental assistance, § 38-12-105(1)(f) bars a late fee on any part of the rent that a rent subsidy provider, rather than you, is responsible for paying. A delayed housing-authority payment cannot be charged to you. Read more in our guide to how Section 8 works.
Disputing a late fee in Colorado
- Check the dates and math. Count seven calendar days from the due date, then compare the fee with the greater of $50 or 5% of what was actually late. The late fee checker runs both numbers.
- Send written notice. Email or letter is enough. Name the subsection violated and ask for the fee to be removed. The landlord’s seven-day cure clock starts when it receives your notice.
- Keep paying rent. Because a landlord cannot apply your rent to fees under subsection (1)(i), paying the rent on time keeps you current.
- Go to court if needed. Raise the violation as a defense in any eviction case, or file your own claim. Our guide to small claims against a landlord covers the steps.
For background, read rent late fees explained, or compare Colorado with other states on the late fee laws by state hub. Deposit rules are in Colorado security deposit law.
Frequently Asked Questions
What is the maximum late fee in Colorado?
The greater of $50 or 5% of the past-due rent, under C.R.S. § 38-12-105(1)(b). A landlord may split it into more than one charge only if the total stays within that cap.
When can a Colorado landlord start charging a late fee?
Only once rent is at least seven calendar days late. For a mobile home lot, the rental agreement must also set a default date for late fees that is at least ten calendar days after rent is due.
Can my Denver landlord evict me over an unpaid late fee?
No. Section 38-12-105(1)(d) bars eviction, or starting an eviction case, for unpaid late fees, and subsection (7) says a lease cannot treat a late fee as rent for the 10-day demand. You can raise any violation as a defense in court.
My housing authority paid its share late. Can I be charged?
No. Subsection (1)(f) bars a late fee on any part of the rent that a rent subsidy provider is responsible for paying.
What happens if my landlord ignores my complaint?
After your written notice, the landlord has seven days to cure. If it does not, you can sue for damages, a penalty of $150 to $1,000 per violation, and costs including attorney fees, on top of the $50-per-violation penalty in subsection (3).
This is general information, not legal advice. For help applying these rules to your lease, contact Colorado Legal Services or search the LSC legal aid directory, and bring your lease and payment records.