Colorado Late Rent Laws for Landlords
Colorado overhauled its late fee rules in 2021: a 7-day wait, a statutory cap, and a ban on evicting over late fees alone. It also requires a 10-day notice for unpaid rent and limits how often you can raise rent.
Colorado at a glance
| Topic | Colorado rule |
|---|---|
| Late fee limit | The greater of $50 or 5% of the past-due rent (C.R.S. §38-12-105). The fee must be disclosed in the lease, and you can't evict a tenant solely for unpaid late fees. |
| Grace period | 7 calendar days. No late fee until rent is at least 7 days late. |
| Notice for unpaid rent | 10-day written demand for rent or possession for most residential tenancies (C.R.S. §13-40-104). |
| Security deposit | Return within one month of move-out, or up to 60 days if the lease says so, with an itemized statement (C.R.S. §38-12-103). |
| Rent increases | Landlords can't raise rent more than once in any 12-month period, and month-to-month tenants or tenants without a written lease need at least 60 days' written notice of an increase (HB21-1121). |
Late fees in Colorado
The greater of $50 or 5% of the past-due rent (C.R.S. §38-12-105). The fee must be disclosed in the lease, and you can't evict a tenant solely for unpaid late fees.
Whatever the state allows, a late fee is only enforceable if it's written into your lease: the amount, when it applies, and whether it's a one-time or daily fee. If the lease is silent, you generally can't charge one. Use our late fee calculator to check a fee against Colorado's rules before you put it in a lease.
Grace period
7 calendar days. No late fee until rent is at least 7 days late.
Even when the law doesn't require one, a short grace period of 3–5 days is common. It gives tenants room for weekends and bank delays and makes your late fee easier to defend. Learn more in our rent grace period guide.
Notice for unpaid rent
10-day written demand for rent or possession for most residential tenancies (C.R.S. §13-40-104).
Serve notices exactly the way the statute describes: the right number of days, the right delivery method, and only the amounts the notice is allowed to demand. A defective notice usually means starting the clock over. Our pay or quit notice template shows what a notice typically includes.
Security deposits
Return within one month of move-out, or up to 60 days if the lease says so, with an itemized statement (C.R.S. §38-12-103).
Rent increases
Landlords can't raise rent more than once in any 12-month period, and month-to-month tenants or tenants without a written lease need at least 60 days' written notice of an increase (HB21-1121).
Use the rent increase calculator to work out the new amount and the earliest date it can take effect.
Local rules
Denver and some other cities have additional rental licensing and tenant protection rules.
A typical late rent timeline in Colorado
| Stage | What happens |
|---|---|
| Due date | Rent due (e.g. the 1st). A reminder 3–7 days before is the best way to avoid the rest of this table. |
| Earliest late fee | Around the 8th (rent due on the 1st must be at least 7 days late). |
| Formal notice | 10-day written demand for rent or possession for most residential tenancies. |
Most late rent never needs to reach the formal notice stage. Tenants who get a clear reminder a few days before rent is due, and another on the due date, pay on time far more often. That's exactly what automated reminders are for.
Frequently asked questions
How much can a landlord charge for late rent in Colorado?+
The greater of $50 or 5% of the past-due rent (C.R.S. §38-12-105). The fee must be disclosed in the lease, and you can't evict a tenant solely for unpaid late fees.
Is there a grace period for rent in Colorado?+
7 calendar days. No late fee until rent is at least 7 days late.
How much notice does a Colorado landlord have to give for unpaid rent?+
10-day written demand for rent or possession for most residential tenancies (C.R.S. §13-40-104).
How long does a Colorado landlord have to return a security deposit?+
Return within one month of move-out, or up to 60 days if the lease says so, with an itemized statement (C.R.S. §38-12-103).
Can a Colorado landlord evict for unpaid late fees?+
No. Colorado law prohibits evicting a tenant solely for failing to pay late fees. You can pursue unpaid rent through eviction, but late fees have to be recovered separately.
Related resources
Stay ahead of Colorado's late rent rules
Ping sends reminders before rent is due and follows up automatically after the due date, so fewer tenants ever reach the notice stage. Free while we're in early access.