Late Rent Fees · Colorado
Late rent fees in Colorado
The cap is greater of $50 or 5% of the past-due amount. No fee may be charged until rent is 7 days late.
Maximum fee
greater of $50 or 5% of the past-due amount
Base is the past-due amount, not the full rent - they differ after a partial payment. Must be disclosed in the rental agreement; one fee per late payment; written notice required within 180 days of the due date; $50 penalty per violation.
“A landlord cannot charge a late fee in an amount that exceeds the greater of fifty dollars or five percent of the amount of the past due rent payment”
Mandatory grace period
7 days
“A landlord cannot charge a late fee in an amount that exceeds the greater of fifty dollars or five percent of the amount of the past due rent payment”
The grace period is not a new due date
This is the detail landlords most often get wrong. A 7-day grace period in Colorado controls when the feeapplies — it does not move the day rent is due. Rent due on the 1st is still late on the 2nd, and in most states a pay-or-quit notice can be served then. Only the fee waits.
Your lease can be more generous than the statute, never less. A longer contractual grace period is fine; a shorter one is void.
What the percentage applies to
Base is the past-due amount, not the full rent - they differ after a partial payment. Must be disclosed in the rental agreement; one fee per late payment; written notice required within 180 days of the due date; $50 penalty per violation.
This matters more than it sounds. Where a cap is a percentage of the past-due or unpaid amount rather than full monthly rent, a tenant who pays most of the rent shrinks the lawful fee at the same time. Colorado and Maryland are both written that way, and a landlord applying the percentage to full rent after a partial payment is overcharging.
A fee above the cap is void, not reduced
Statutory caps are mandatory, and a tenant’s signature does not cure an unlawful clause. Several states go further and attach a penalty to charging one: Colorado imposes $50 per violation, and Maryland makes the clause unenforceable and exposes the landlord to the tenant’s actual damages and legal fees. This is not a “worst case, they just don’t pay it” situation.
Watch out for the wrong statute
If you search for your state’s late fee limit you will very likely be told it is “$20 or 20% of monthly rent, whichever is greater”. In nine states that rule is real, but it sits in the self-service storagestatute, not residential landlord–tenant law. It does not govern a house or an apartment. Two other widely-quoted figures — Arizona’s “$50 or 5%” and North Dakota’s 8% — come from bills that never passed. The comparison page explains which is which.
Common questions
- How much can a landlord charge for a late fee in Colorado?
- greater of $50 or 5% of the past-due amount, under C.R.S. 38-12-105. A fee above the cap is void and unenforceable even if the tenant signed the lease. Base is the past-due amount, not the full rent - they differ after a partial payment. Must be disclosed in the rental agreement; one fee per late payment; written notice required within 180 days of the due date; $50 penalty per violation.
- Does Colorado require a grace period before charging a late fee?
- Yes — 7 days under C.R.S. 38-12-105. Charging inside that window is unlawful regardless of what the lease says.
- Can I charge a late fee if it is not in the Colorado lease?
- No. In virtually every state a late fee is only enforceable if the signed lease states it — the amount, when it applies, and any grace period. If the lease is silent you cannot impose one mid-tenancy without an amendment both parties agree to.
Check your fee against the law automatically
Pacific Rentals Pro warns you when a lease’s late fee exceeds the state cap or its grace period falls below the statutory minimum — using exactly the Colorado rule on this page.
Start free →Read against the cited sources on November 6, 2026. Authority: C.R.S. 38-12-105. General information about Coloradolaw, not legal advice — statutes change and local ordinances can add caps the state does not.