Colorado late rent fee: the legal maximum
Colorado caps late fees at the greater of $50.00 or 5% of the monthly rent. Rent must be at least 7 days late before any fee may be charged.
Maximum late fee at common rents
Applying greater of $50 or 5% once the 7-day grace period has passed.
| Monthly rent | Maximum fee |
|---|---|
| $1,000.00 | $50.00 |
| $1,500.00 | $75.00 |
| $2,000.00 | $100.00 |
| $3,000.00 | $150.00 |
What the statute says
No late fee until rent is at least 7 calendar days late; the fee may not exceed the greater of $50 or 5% of the past-due rent. Fee must be disclosed in the lease, only one fee per late payment, no interest on late fees, no eviction or lease termination for unpaid late fees alone, and the fee must be noticed in writing within 180 days of the due date.
How this applies in practice
- A late fee must be written into the lease. The statute caps what the lease may say; it does not create a fee on its own.
- Rent is not "late" for fee purposes until 7 days after the due date. A fee charged earlier is unenforceable.
- Any amount above the cap cannot be collected or deducted from the deposit, and in several states charging an unlawful fee exposes the landlord to damages.
- Late fees are separate from interest on unpaid rent and from eviction filing costs, which have their own rules.
Related Colorado rules
- Pay-or-quit notice: 10 days. Notice periods in Colorado.
- Security deposit: 2 months' rent (effective August 7, 2023); a separate refundable pet deposit is capped at $300; returned One month after termination of the lease or surrender and acceptance of the premises, whichever occurs last; the lease may specify a longer period not exceeding 60 days. Deposit rules in Colorado.
- All rules on one page: Colorado landlord and tenant law.
Frequently asked questions
What is the maximum late fee for rent in Colorado?
Greater of $50 or 5%. No late fee until rent is at least 7 calendar days late; the fee may not exceed the greater of $50 or 5% of the past-due rent. Fee must be disclosed in the lease, only one fee per late payment, no interest on late fees, no eviction or lease termination for unpaid late fees alone, and the fee must be noticed in writing within 180 days of the due date.
Is there a grace period for rent in Colorado?
Yes. State law requires rent to be 7 days late before a late fee can be charged, regardless of what the lease says.
Can a Colorado landlord charge a daily late fee?
Only if the total stays within the statutory cap (Greater of $50 or 5%). A daily fee that accumulates past the cap is unenforceable above it.
Can a landlord charge a late fee that is not in the lease in Colorado?
No. A late fee is a contract term. If the lease does not provide for one, the landlord cannot impose it, and in Colorado the statutory cap applies on top of whatever the lease says.