Challenging Illegal Rental Fees in Colorado: A Renter's Guide

If you’re a renter in Colorado, extra charges such as unexplained or excessive fees on your rent bill can be stressful and confusing. Not all fees are legal under Colorado's tenant protection laws. This article explains how to recognize and challenge illegal rental fees, guiding you through the process with official steps and resources.

Understanding Legal and Illegal Rental Fees in Colorado

Colorado law sets clear limits on what landlords can charge tenants. Common legal charges include rent, security deposits, and certain specified late fees. However, any fee not outlined in your lease or that violates state law is likely illegal. Recent legislation in Colorado protects tenants from excessive or unexpected rental charges.

Examples of Illegal Fees

• Fees not listed in your signed lease agreement
• Late fees exceeding the maximum allowed by law (usually $50 or 5% of your monthly rent, whichever is greater)^[1]
• Fees for normal wear and tear on your unit
• Administrative fees charged without written explanation

Review your lease and any fee notices closely, and compare them with Colorado’s tenant protection statutes for clarity.

How to Challenge an Illegal Fee on Your Rent Bill

If you believe you’ve been charged an improper or illegal fee, you have the right to dispute it. Here’s a practical, step-by-step approach any Colorado renter can use.

Step 1: Review Your Lease and State Law

• Locate your signed lease agreement to see which fees are authorized.
• Consult Colorado Revised Statutes Title 38 (Property), especially sections relevant to Landlord and Tenant law and recent tenant protection acts.

Step 2: Communicate with Your Landlord in Writing

• Send a written letter or email describing the fee you’re disputing.
• Cite the relevant section of Colorado law or your lease that you believe the fee violates.
• Request written clarification or removal of the fee within a reasonable timeframe (usually 7–10 days).

Step 3: Use the Official Tenant Complaint Process

If your landlord refuses to remove the illegal fee or does not respond, you can file a complaint with the state’s housing authorities or seek mediation.

• The Colorado Department of Local Affairs (DOLA) Division of Housing offers tenant-landlord dispute resources and complaint forms.
• For formal action, you might file in Colorado County Court using relevant forms such as the Complaint (JDF 99) and Summons (JDF 98) for civil matters.

Key Official Forms for Renters

• JDF 99 – Complaint: Used when filing a civil complaint (including disputes over illegal charges) in county court. Example: If your landlord refuses to remove an illegal fee after written requests, you complete this form to start a legal claim. Download the JDF 99 - Complaint (PDF)
• JDF 98 – Summons: Used alongside the complaint to notify your landlord about the court action. The court clerk issues this when you file your complaint. Download the JDF 98 - Summons (PDF)
• Tenant-Landlord Complaint Form (DOLA): For informal resolution or mediation. Find forms and guidance at DOLA’s Renter Resources

Your Rights Under Colorado Tenancy Law

State law protects tenants from a range of unfair practices. The key legislation governing your rights is the Colorado Revised Statutes Title 38: Property - Landlord and Tenant.^[2] Recent bills have increased these protections, restricting excessive fees and limiting eviction actions based on disputed charges.

What is the Official Tribunal or Board for Rent Disputes in Colorado?

Colorado does not have a specialized residential tenancy tribunal. Most disputes, especially about illegal fees, are handled through your local County Court system. For informal complaints or mediation, start with the Colorado Division of Housing.

Summary of Your Options

Challenging an illegal fee is easier when you stay organized and act quickly. Open communication and knowledge of Colorado tenant protection laws are your best tools.

Frequently Asked Questions About Disputing Rental Fees in Colorado

1. What is considered an illegal rental fee in Colorado? Landlords can only charge fees listed in your lease and allowed under Colorado law, such as capped late fees. Unexpected or excessive fees not listed are typically illegal.
2. How soon should I dispute an illegal fee? As soon as you notice the charge. The sooner you send a written dispute, the better your chance of a fair outcome.
3. Can my landlord evict me for disputing a fee? No. Retaliation for asserting your tenant rights (like challenging illegal fees) is prohibited under Colorado law.
4. Who can help me if my landlord will not remove the fee? Start with the Colorado Division of Housing for mediation. If necessary, file in your county court.
5. Are there costs to file a complaint in county court? There may be filing fees, but fee waivers are available if you qualify. Check with your local county court for details.

Conclusion: Key Takeaways for Colorado Renters

• Illegal fees are any charges not included in your lease or that violate state law or recent tenant protection acts.
• Keep all documentation and communicate with your landlord in writing.
• Use official complaint processes through the Colorado Division of Housing or your local court if problems persist.

By knowing your rights and using the proper steps, you can effectively protect yourself from paying any fees you don’t legally owe.

Need Help? Resources for Renters

• Colorado Division of Housing – Renter Resources: Statewide help and official complaint forms
• Colorado County Courts: File civil claims or seek legal resolution
• Colorado HB21-1121 (Late Fees & Tenant Protections): Full text of the latest tenant fee legislation
• Colorado Revised Statutes, Title 38: Official state lease and fee laws
• Colorado Legal Services – Tenant Issues: Free or low-cost legal aid for eligible renters

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1. Colorado HB21-1121 – Tenant Protection Bill
2. Colorado Revised Statutes Title 38: Property – Landlord and Tenant

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