Operative Text
(1) A landlord shall not take any of the following actions or direct any agent to take any of the following actions on the landlord's behalf: (a) Charge a tenant or home owner a late fee unless a rent payment is late by at least seven calendar days; (b) Charge a tenant or home owner a late fee in an amount that exceeds the greater of: (I) Fifty dollars; or (II) Five percent of the amount of the past due rent payment; (c) Require a tenant or home owner to pay a late fee unless the late fee is disclosed in the rental agreement; (d) Remove or exclude a tenant from a dwelling or initiate a court process for the removal or exclusion of a tenant from a dwelling because the tenant fails to pay one or more late fees to the landlord; (e) Terminate a tenancy or other estate at will or a lease in a mobile home park because a tenant or home owner fails to pay one or more late fees to the landlord; (f) Impose a late fee on a tenant or home owner for the late payment or nonpayment of any portion of the rent that a rent subsidy provider, rather than the tenant or home owner, is responsible for paying; (g) Impose a late fee more than once for each late payment, except that a landlord may impose a late fee more than once for a late payment if the total amount of such late fees does not exceed the amount described in subsection (1)(b) of this section; (h) Require a tenant or home owner to pay any amount of interest on a late fee; (i) Recoup any amount of a late fee from a rent payment made to the landlord by a tenant or home owner; or (j) Charge a tenant or home owner a late fee unless the landlord provided the tenant or home owner written notice of the late fee within one hundred eighty days after the date upon which the rent payment was due. (2) A provision of a lease of a landlord or person acting on behalf of a landlord that does not comply with the provisions of subsection (1) of this section is void and unenforceable. A tenant who is aggrieved by an action taken by a landlord or person acting on behalf of the landlord in violation of subsection (1) of this section may bring an action for injunctive relief pursuant to subsection (5) of this section. (3) A landlord who violates subsection (1) of this section shall pay to an aggrieved tenant or home owner a penalty in the amount of fifty dollars for each violation. (4) Except as described in subsection (3) of this section, and notwithstanding any other provision of this section to the contrary, a landlord who violates subsection (1) of this section has seven days to cure the violation, which seven days begins when the landlord receives written or electronic notice of the violation. (5) If a landlord violates subsection (1) of this section and fails to timely cure the violation as described in subsection (4) of this section, a tenant or home owner may bring a civil action to seek one or more of the following remedies: (a) Compensatory damages for injury or loss suffered; (b) A penalty of at least one hundred fifty dollars but not more than one thousand dollars for each violation, payable to the tenant or home owner; (c) Costs, including reasonable attorney fees to the prevailing party; and (d) Other equitable relief the court finds appropriate. (6) A tenant or home owner may raise an alleged violation of this section as an affirmative defense in a forcible entry and detainer proceeding. (7) A late fee is distinct from rent, and a rental agreement may not classify a late fee as rent for the purposes of section 13-40-104 (1)(d).
Colorado Revised Statute § 38-12-105 sets strict limits on how and when landlords may charge late fees to tenants and mobile home owners. A late fee cannot be imposed until rent is at least seven calendar days overdue, cannot exceed the greater of $50 or 5% of the overdue amount, and must be disclosed in the rental agreement with written notice given within 180 days of the missed due date. The law also prohibits landlords from evicting tenants solely for unpaid late fees, charging interest on late fees, or deducting late fees from subsequent rent payments. Lease provisions that conflict with these rules are void and unenforceable, and late fees are legally distinct from rent.
Plain English — not legal advice.
Under Colo. Rev. Stat. § 38-12-105, compliant operators ensure that every late fee is clearly disclosed in the written rental agreement before it is ever assessed, and that no fee is charged until rent has been outstanding for at least seven calendar days. The fee itself must not exceed the greater of $50 or 5% of the past-due amount, and landlords generally avoid charging interest on late fees, deducting late fees from rent payments, or imposing fees on any portion of rent covered by a subsidy provider. When a tenant provides written or electronic notice of an alleged violation, the statute gives landlords a seven-day window to cure most violations before civil remedies — including penalties between $150 and $1,000 per violation plus attorney fees — become available to the tenant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Colo. Rev. Stat. § 38-12-105 gives tenants and mobile home owners a set of enforceable protections against improper late fees, including the right to be free from fees that are undisclosed, assessed too early, or calculated above the statutory cap. Importantly, a landlord cannot remove a tenant from a dwelling or initiate eviction proceedings solely because late fees remain unpaid, and tenants may raise a violation of this section as an affirmative defense in a forcible entry and detainer (eviction) proceeding. Tenants who believe a landlord has violated § 38-12-105 may consider sending written notice of the violation, which triggers the landlord's seven-day cure period, and may explore filing a civil action for compensatory damages, statutory penalties, and attorney fees — tenant-rights organizations can help identify available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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