Late fees / Colorado

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.

Cap
Greater of $50 or 5%
Set by statute
Grace period
7 days
No fee until rent is this late
Statute
$
Count from the day after rent was due.

Colorado late fee law in full

Maximum late fee at common rents

Applying greater of $50 or 5% once the 7-day grace period has passed.

Monthly rentMaximum 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

Colo. Rev. Stat. § 38-12-105(1)

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

Related Colorado rules

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.

Late fee rules in other states