Colorado Late Fee Law
Colorado limits residential late fees by statute. Greater of $50 or 5% of the past-due rent payment. State law requires a grace period of 7 days before a late fee can be charged.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
Colorado late fee law at a glance
| Late-fee cap | Greater of $50 or 5% of the past-due rent paymentC.R.S. § 38-12-105(1)(b) |
|---|---|
| Grace period | 7 daysC.R.S. § 38-12-105(1)(a) |
| Notice before filing for unpaid rent | 10 days (10-day demand for payment or possession (JDF 99 A Demand for Compliance))C.R.S. § 13-40-104(1)(d), (5), C.R.S. § 38-12-1502 (HB 25-1240) - CARES Act notice for covered dwellings |
Late-fee cap
- In effect since .
- Before : No statutory cap on residential late fees (SB 21-173 added § 38-12-105).
Grace period
- In effect since .
Notice before filing for unpaid rent
- In effect since .
- Before : 3-day demand for rent or possession (HB 19-1118 lengthened it to 10 days).
What Colorado law says
Is there a limit on late fees in Colorado?
A late fee cannot exceed the greater of $50 or 5% of the past-due rent, must be stated in the lease, and cannot be charged more than once per late payment beyond that total (C.R.S. § 38-12-105(1)(b), (c), (g)).
Does Colorado require a grace period before a late fee?
Do not charge a late fee until rent is at least seven calendar days late (C.R.S. § 38-12-105(1)(a)).
How much notice must a Colorado landlord give for unpaid rent?
For unpaid rent, serve a written 10-day demand to pay or leave before filing for eviction; it is 5 days for an exempt single-family lease, 3 days for employer-provided housing, and 30 days for CARES Act-covered properties (C.R.S. § 13-40-104(1)(d); § 38-12-1502) (C.R.S. § 13-40-104(1)(d), (5)).
How Colorado compares
20 of 51 verified jurisdictions cap late fees by statute. 3 require a longer grace period than 7 days.
None of Colorado's 6 neighbors follows the same rule.
Local rules in Colorado
State law bars local rent control (C.R.S. § 38-12-301), but cities add licensing and procedural rules: Denver requires a residential rental license (with a private inspection) for rentals of 30 days or more and requires a signed lease copy (D.R.M.C. § 27-240); Boulder requires a rental license for all rental properties unless exempt. Check the city code before renting in Denver, Boulder or other home-rule cities.
Other Colorado rules
| Security deposit limit | 2 months' rentC.R.S. § 38-12-102.5, C.R.S. § 38-12-106 (pet deposit and pet rent) |
|---|---|
| Deposit return deadline | 30 days after the triggering eventC.R.S. § 38-12-103(1)(a), as amended by HB 25-1249 (2025 Colo. Sess. Laws ch. 401), C.R.S. § 38-12-103 (pre-2026 text) |
| Entry notice | No state ruleC.R.S. § 38-12-503(6)(a)(III), (6)(b), C.R.S. § 38-12-1004(1) |
| Rent-increase notice | 60 days (60 days' written notice applies to residential tenancies with no written agreement. With a written lease, follow the lease (no statutory minimum). Rent may rise only once in any 12-month period of consecutive occupancy for all residential tenancies. Mobile home parks have separate rules)C.R.S. § 38-12-701(2), C.R.S. § 38-12-702(1) |
| Month-to-month termination | 21 days (either side)C.R.S. § 13-40-107(1)-(2), C.R.S. §§ 38-12-1302, 38-12-1303 (for-cause eviction, HB 24-1098) |
Read the Colorado law
- Colorado Revised Statutes (official access page, Colorado General Assembly)
- C.R.S. Title 38 (2024 uncertified printout, Office of Legislative Legal Services)
- Office of Legislative Legal Services, Colorado Law Summary: Renters' Rights (Nov. 2024)
- Colorado Judicial Branch form JDF 99 A, Demand for Compliance (residential eviction, rev. Sept. 4, 2025)