What is the maximum late fee in Colorado?

State law limits the fee to the greater of 5% of the rent or $50 (Colo. Rev. Stat. § 38-12-105). Charging above that is generally unenforceable.

Is there a required grace period in Colorado?

Yes — rent must be at least 7 days past due before a late fee can be charged under Colo. Rev. Stat. § 38-12-105.

Where is this in Colorado law?

The controlling provision is Colo. Rev. Stat. § 38-12-105. Legislatures amend these rules, so always confirm the current text via the official source linked above.

Colorado Late Fee Laws

Last reviewed: July 10, 2026

Maximum late fee

Greater of 5% of rent or $50

Grace period

7 days

Statute

Colo. Rev. Stat. § 38-12-105

Colorado caps residential late fees at the greater of 5% of the rent or $50 under Colo. Rev. Stat. § 38-12-105. A lease can agree to less, but a fee above the statutory limit is generally unenforceable no matter what the lease says.

Timing matters as much as the amount: rent must be at least 7 days past due before a late fee can be assessed. A fee charged inside that window isn't collectible in Colorado, even when the lease provides for it.

Colorado's 2021 reform (SB 21-173) allows one late fee per late payment, capped at the greater of $50 or 5% of the past-due amount, and only after rent is seven calendar days late. The fee must be disclosed in the lease, can't be deducted from a future rent payment, and violations carry statutory penalties with a cure period.

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Frequently asked questions

What is the maximum late fee in Colorado?: State law limits the fee to the greater of 5% of the rent or $50 (Colo. Rev. Stat. § 38-12-105). Charging above that is generally unenforceable.
Is there a required grace period in Colorado?: Yes — rent must be at least 7 days past due before a late fee can be charged under Colo. Rev. Stat. § 38-12-105.
Where is this in Colorado law?: The controlling provision is Colo. Rev. Stat. § 38-12-105. Legislatures amend these rules, so always confirm the current text via the official source linked above.

This tool is for informational purposes only and is not legal advice. Rules vary by state and locality and change over time — confirm current requirements for your jurisdiction before acting.

Colorado Late Fee Laws

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