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Housing & Tenant · Rent Late Fees

Rent Late Fee Limit in Colorado

The most a landlord can charge you for paying rent late in Colorado, the grace period you may be owed, and what to do about an unfair fee, cited to the statute.

Confirmedagainst §38-12-105 · checked against a mirror of the official code (Cornell LII / Justia)Reviewed by Cholilurrohman · July 2026
Most a late fee can be · Colorado
Greater of $50 or 5%, after 7 days
Hard cap
Colorado bars a late fee until rent is at least seven calendar days late, caps it at the greater of 50 dollars or 5 percent of the past due rent under C.R.S. 38-12-105, and prices a breach at 50 dollars per violation.
Maximum late feeGreater of $50 or 5%, after 7 days
Grace period7 days
Must be in the leaseYes
Statute§38-12-105

The cap and the grace period in Colorado

The most a late fee can be, when it can be charged, and whether it has to be in your lease.

Maximum late feeThe fee may not exceed the greater of 50 dollars or 5 percent of the past due rent payment. Read the direction carefully: it is the greater of the two, which runs against renters with cheaper homes. On a 600 dollar rent, 5 percent is 30 dollars, so the 50 dollar floor applies and you pay more than the percentage would give. The fee must also be disclosed in the rental agreement.
Grace periodA landlord may not charge a late fee unless rent is late by at least seven calendar days. So if rent is due on the 1st, no fee can apply before the 8th.
Must be written in the leaseYes. A late fee that is not in your signed lease generally cannot be charged.
Local ordinanceColorado has home-rule cities that may add rules, so check your city code. The state figures are the floor of protection.
How it is enforcedThis is one of the strongest enforcement schemes in the country, and it escalates. A landlord in violation owes you 50 dollars per violation. If the landlord fails to cure within seven days of your written notice, you may sue for damages of at least 150 dollars and up to 1,000 dollars per violation, plus attorney fees and costs. That back end is what turns the cap from advice into a rule.
StatuteColo. Rev. Stat. §38-12-105
Recent or pending change

This part of the Colorado code has moved repeatedly in recent years, so confirm the current figures against the official statute before relying on exact numbers.

What you can do right now

Concrete, neutral steps if a Colorado late fee looks too high or came with no grace period. This is legal information, not legal advice.

  1. Check the 7-day grace period

    Colorado bars any late fee until rent is at least seven calendar days late. If a landlord charged you before day seven, the fee is improper under C.R.S. 38-12-105.

  2. Apply the greater-of formula to your rent

    The cap is the greater of 50 dollars or 5 percent of the past due rent. Work out 5 percent of what you owe. If it is under 50 dollars, the 50 dollar floor applies, which is the part that surprises renters with lower rents.

  3. Send a written complaint to unlock the bigger remedy

    If the landlord overcharged, send a written notice. If they do not cure within seven days, you can sue for 150 to 1,000 dollars per violation plus attorney fees, on top of the 50 dollars per violation the statute already gives you.

  4. Get local help

    A local Colorado legal aid office can help you claim the statutory damages. Search for legal aid in your area, and check any home-rule city rule.

This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the fee that applies to your home.

What Colorado renters get wrong

Colorado writes one of the most complete late fee rules in the country, and the formula is worth reading carefully, because the direction cuts against renters with cheaper homes. Under C.R.S. 38-12-105 the cap is the greater of fifty dollars or five percent of the past due rent, so a renter paying six hundred dollars a month faces a fifty dollar fee even though five percent would be thirty. Colorado also bars any fee until rent is at least seven calendar days late and requires the fee to be disclosed in the lease. What makes the section genuinely strong is the back end. Overcharging costs the landlord fifty dollars per violation, and ignoring a written complaint for seven days exposes them to between one hundred and fifty and one thousand dollars per violation plus the renter's legal costs. That priced breach is the difference between a cap that is advice and a cap that is a rule, and it is why a Colorado renter should put any overcharge complaint in writing.

Common questions

Why is my Colorado late fee 50 dollars when 5 percent is less?

Because Colorado uses the greater of the two figures. C.R.S. 38-12-105 caps the fee at the greater of 50 dollars or 5 percent of the past due rent. On a lower rent, 5 percent falls below 50 dollars, so the 50 dollar floor applies and you pay more than the percentage.

What happens if my Colorado landlord charges too much?

The landlord owes you 50 dollars per violation. If they do not cure within seven days of your written notice, you can sue for 150 to 1,000 dollars per violation plus attorney fees and costs. So a written complaint is the step that unlocks the larger remedy.

Does the fee have to be in my lease in Colorado?

Yes. C.R.S. 38-12-105 bars a landlord from requiring a late fee unless it is disclosed in the rental agreement. A late fee that appears nowhere in your lease cannot be charged.

When does the 7 days start in Colorado?

From the rent due date. A late fee cannot be charged unless rent is late by at least seven calendar days, so if rent is due on the 1st, no fee can apply before the 8th.

Primary source
→ Colo. Rev. Stat. §38-12-105
Colorado Revised Statutes (C.R.S. § 38-12-105, via FindLaw mirror) · codes.findlaw.com
Cholilurrohman
Every figure on this page is checked line-by-line against the current statute. Editorial standards →

Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.

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