Late Rent Fees in Colorado: What Renters Need to Know

Understanding how late rent fees work in Colorado is important for every renter. If you miss a rent payment, knowing how much a landlord can legally charge and what your options are can help you avoid unnecessary costs or disputes. This guide explains Colorado's current rules on late rent charges, your key rights, and what you should do if you face a late fee in 2024.

What Are the Rules for Late Rent Fees in Colorado?

In Colorado, state law sets clear rules about late rent fees to help protect both renters and landlords. These protections ensure that renters do not face excessive penalties if they pay rent a few days late. As of 2024, Colorado law restricts how much landlords can charge and what notice must be given.

Maximum Amount Landlords Can Charge

• A late fee cannot exceed $50 or 5% of the amount of past due rent, whichever is greater.
• The landlord cannot charge more than one late fee per late payment.
• No late fee can be charged until rent is at least 7 days overdue after its due date.

For example, if your monthly rent is $1,000 and you pay late, the maximum fee would be $50 (since 5% is $50). If your rent is $2,000, 5% would be $100, so that becomes the late fee limit.^[1]

Required Notice and Grace Periods

• Landlords must give you at least 7 days after the due date before adding a late fee.
• They must provide written notice for any additional charges or collection of late fees.
• Landlords are not allowed to evict solely for unpaid late fees.

Relevant Legislation and Official Guidance

These rules are detailed in the Colorado Residential Tenants Health and Safety Act and C.R.S. § 38-12-105 (regarding late charges). For official guidance, consult the Colorado Department of Local Affairs (DOLA) Division of Housing, which oversees rental housing issues in the state.

If You Receive a Late Rent Fee

If your landlord charges you a late fee, first check that it matches the legal limits above. Review your written lease for specific fee amounts and confirm the landlord waited at least 7 days after the due date.

Disputing or Negotiating Late Fees

• If the fee is higher than allowed, contact your landlord in writing to request an adjustment, referencing Colorado law and your lease.
• If the landlord refuses or attempts to evict you solely for unpaid late fees, seek help from the Division of Housing or legal aid services.

If you believe your landlord is acting illegally, you can file a complaint with Colorado DOLA or seek legal advice. For most renters, a clear, polite letter is often the best first step.

Official Forms for Colorado Renters

• Ten-Day Notice to Cure or Quit — Used by landlords if you are late on rent, but cannot be used solely for late fees. This form gives you a chance to pay the rent (not the late fee) before eviction can proceed. Download the official JDF 101 form.
• Complaint Form – Division of Housing — Renters can use this online form to file a complaint about a landlord violating rent fee laws. Access the DOLA Landlord-Tenant Complaint Form.

When a landlord issues a notice for unpaid rent, you have a set amount of time to resolve the late payment before any court proceedings can start. Always make sure any notices you receive are official and comply with state law.

Who Handles Tenant-Landlord Disputes in Colorado?

The Colorado Department of Local Affairs (DOLA) Division of Housing provides information and mediation but does not make binding legal decisions. For formal disputes, the matter typically goes to the Colorado County Court's eviction (FED) process.

Frequently Asked Questions

1. How much can a landlord charge for late rent in Colorado?
   Landlords can charge up to $50 or 5% of the overdue rent, whichever is greater, and only once per late payment.
2. Can my landlord evict me for just not paying a late fee?
   No. Colorado law prohibits eviction solely for unpaid late fees.
3. What should I do if I am charged an illegal late fee?
   Ask your landlord to correct it by referencing state law, and if unresolved, file a complaint with Colorado DOLA or seek legal help.
4. Is there a grace period before a late rent fee can be charged?
   Yes, landlords must wait at least 7 days after rent is due before charging a late fee.

Conclusion: Key Takeaways for Colorado Renters

• Colorado law limits late rent fees to $50 or 5% of unpaid rent, whichever is greater, and requires a 7-day waiting period.
• Landlords cannot evict solely for unpaid late fees.
• Always check your lease, request corrections in writing, and use official resources if you face disputes.

Knowing your rights helps you avoid unnecessary charges and handle any late rent issues confidently.

Need Help? Resources for Renters

• Colorado Department of Local Affairs (DOLA) Division of Housing: Offers guidance, complaint forms, and mediation options for renters.
• Colorado Courts: County Court Eviction Resources: Forms and instructions for official court processes.
• Colorado Legal Services: Free or low-cost legal aid for eligible renters.

---

1. [1] See HB21-1121: Residential Tenants Health and Safety Act and C.R.S. § 38-12-105 – Late Charges for Rent.

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations