Colorado Late Rent Notice

With Automatic Late Fee Calculator

⏰ 7-DAY GRACE PERIOD REQUIRED
📜 Colorado Late Fee Law – C.R.S. § 38-12-105

Colorado law strictly regulates when and how much landlords can charge for late rent:

  • 7-Day Mandatory Grace Period: No late fee can be charged until rent is 7+ days past due
  • Maximum Late Fee: $50 OR 5% of monthly rent, whichever is GREATER
  • No Daily Fees: Cannot charge per-day late fees or compound penalties
  • One Fee Per Month: Only one late fee per late payment

🏠 Property & Tenant Information

💰 Rent Payment Details

When was rent originally due?

⚠️ GRACE PERIOD ACTIVE: Colorado law prohibits charging late fees until rent is more than 7 days past due. You cannot charge a late fee yet.

🧮 Colorado Late Fee Calculation

Automatic Late Fee Calculator (C.R.S. § 38-12-105)

Monthly Rent: $0.00
5% of Rent: $0.00
Flat $50 Option: $50.00
Maximum Allowed Late Fee: $0.00

How It Works: Colorado allows the GREATER of $50 or 5% of monthly rent. For rent under $1,000, the fee is $50. For rent of $1,000+, the fee is 5%. Example: $1,500 rent × 5% = $75 late fee (greater than $50).

📋 Total Amount Due

Unpaid rent amount
Auto-calculated based on CO law
NSF fees, utilities, etc.

Total Amount Due

Past Due Rent: $0.00
Late Fee: $0.00
Other Charges: $0.00
Previous Balance: $0.00
TOTAL AMOUNT DUE: $0.00

💳 Partial Payment (if any)

📅 Payment Deadline

Date by which full payment must be received

👔 Landlord/Property Manager

Landlord Signature

Signature
⚠️
This is NOT an Eviction Notice

This late rent notice is a courtesy reminder. To begin eviction for nonpayment in Colorado, you must serve a separate 10-Day Demand for Compliance or Possession notice per C.R.S. § 13-40-104(1)(d).

Complete Guide to Colorado Late Rent Fees and Collection

Understanding Colorado’s late rent fee regulations is essential for landlords who want to collect what they’re owed while staying compliant with state law. Colorado has some of the most specific late fee regulations in the country, including a mandatory grace period and strict caps on the amount landlords can charge. This guide covers everything you need to know about late rent in Colorado.

▶ Quick Overview
Video overview
Watch Overview
Key Point: Colorado’s late fee law (C.R.S. § 38-12-105) applies to ALL residential rentals in the state. You cannot contract around these protections—even if your lease says otherwise, the statutory limits apply.

Colorado Late Fee Law Explained

The 7-Day Mandatory Grace Period

Colorado requires landlords to provide a 7-day grace period before any late fee can be charged. This means:

  • If rent is due on the 1st, the grace period runs through the 8th
  • A late fee can only be charged starting on the 9th day
  • This grace period CANNOT be waived, even if the tenant agrees
  • Your lease cannot require a shorter grace period
  • The grace period applies regardless of weekends or holidays
📚 Statutory Citation

C.R.S. § 38-12-105(2)(a): “A landlord shall not charge a tenant a late fee for failing to pay rent until after the seventh day following the day the rent is due.”

Maximum Late Fee Calculation

Colorado caps late fees at the GREATER of $50 OR 5% of monthly rent. This creates a sliding scale:

Monthly Rent5% Calculation$50 FlatMaximum Fee Allowed
$800$40$50$50 (flat is greater)
$900$45$50$50 (flat is greater)
$1,000$50$50$50 (equal)
$1,200$60$50$60 (5% is greater)
$1,500$75$50$75 (5% is greater)
$2,000$100$50$100 (5% is greater)
$2,500$125$50$125 (5% is greater)
$3,000$150$50$150 (5% is greater)
📊 Example Calculation

Scenario: Tenant pays $1,750/month rent. Rent was due January 1st. Today is January 15th.

Monthly Rent:$1,750.00
5% of Rent:$87.50
Flat $50 Option:$50.00
Greater Amount (Maximum Allowed):$87.50
Grace Period Ended:January 8th
Late Fee Valid?YES (past grace period)

Prohibited Late Fee Practices

Colorado law explicitly prohibits several common late fee practices used in other states:

❌ NOT ALLOWED in Colorado
  • Daily late fees (e.g., “$10 per day late”)
  • Compound or escalating late fees
  • Late fees during the 7-day grace period
  • Late fees exceeding 5% or $50
  • Multiple late fees for one late payment
  • Late fees that “accrue” over time
  • Administrative fees disguised as late fees
✅ ALLOWED in Colorado
  • One flat late fee per late payment
  • $50 OR 5% (whichever is greater)
  • Charging after 7-day grace period
  • NSF/bounced check fees (separate)
  • Reasonable attorney fees if in lease
  • Interest on money judgments (8%)
  • Court costs if eviction filed
📚 Prohibited Practices

C.R.S. § 38-12-105(2)(b): “A landlord shall not charge a late fee that exceeds the greater of fifty dollars or five percent of the amount of the periodic rent payment, excluding charges other than rent.”

Late Rent Notice vs. Eviction Notice

Understanding the Difference

Many landlords confuse a late rent notice with an eviction notice. They serve different purposes:

DocumentPurposeLegal EffectRequired?
Late Rent Notice
(This Form)		 Courtesy reminder of unpaid rent and fees No legal effect; purely informational No, but recommended
10-Day Demand for Compliance Formal notice required before eviction Starts the eviction clock; required by law YES, before any eviction
FED Complaint Court filing to begin eviction lawsuit Initiates court case YES, to evict through court
💡 Best Practice: Send Both

Many landlords send a late rent notice as a courtesy on day 8 (after grace period), then follow with a formal 10-Day Demand notice if payment isn’t received. This gives tenants multiple opportunities to pay while preserving your legal rights.

When to Escalate to Eviction

If your late rent notice doesn’t result in payment, you’ll need to serve a formal 10-Day Demand for Compliance or Possession under C.R.S. § 13-40-104(1)(d) before you can file for eviction. The timeline typically looks like this:

  1. Day 1: Rent due date
  2. Days 2-8: 7-day grace period (no late fee allowed)
  3. Day 9+: Late fee can be charged; send late rent notice
  4. Day 10-14: If no payment, serve 10-Day Demand Notice
  5. Day 20-24: If 10-day notice expires without payment, file FED complaint
  6. Day 27-38: Court hearing (typically 7-14 days after filing)

Lease Provisions and Late Fees

What Your Lease Should Say

While Colorado law caps late fees regardless of what your lease says, having clear late fee language in your lease is still important:

📝 Recommended Lease Language

“If rent is not received within seven (7) days of the due date, Tenant agrees to pay a late fee of [the greater of $50 or 5% of monthly rent], as permitted by C.R.S. § 38-12-105. This late fee is in addition to any unpaid rent and does not waive Landlord’s right to pursue eviction for nonpayment.“

Lease Terms That Won’t Be Enforced

Even if your tenant signed a lease with these terms, Colorado courts will NOT enforce:

  • Grace periods shorter than 7 days
  • Late fees exceeding the statutory maximum
  • Daily or per-diem late fee calculations
  • Waiver of the statutory grace period
  • Automatic eviction provisions for late payment

Collecting Late Rent: Best Practices

Communication Strategies

💡 Tip: Early Communication

Contact tenants before rent is late if you notice warning signs (job loss, family issues, etc.). Early intervention leads to better outcomes for everyone.

Effective collection strategies include:

  • Send reminders before the due date – A friendly text or email on the 28th can prevent late payment
  • Offer multiple payment methods – Online payments, ACH, and even Venmo/Zelle reduce friction
  • Document everything in writing – Every communication should be documented
  • Be consistent – Apply late fees uniformly to all tenants to avoid discrimination claims
  • Consider payment plans – A tenant who pays $500/week for 4 weeks is better than an eviction

Accepting Partial Payments

Colorado landlords should be cautious about accepting partial payments:

  • Partial payment doesn’t waive your rights if you include a written reservation of rights
  • Document the partial payment and remaining balance in writing
  • Consider whether to accept – partial payment can reset some eviction timelines
  • Get any payment plan in writing with specific dates and amounts
Important: If you’ve already served a 10-Day Demand Notice and accept a partial payment, you may need to serve a new notice for the remaining balance. Consult with an attorney if you’re mid-eviction process.

Frequently Asked Questions

Can I charge a late fee if rent is one day late?
No. Colorado requires a 7-day grace period. You cannot charge any late fee until the 8th day after rent was due, regardless of what your lease says.
My lease says I can charge $100 for late rent. Is that enforceable?
Only partially. Colorado caps late fees at the greater of $50 or 5% of monthly rent. If your rent is $2,000/month, 5% = $100, which is allowed. But if rent is $1,500, the max is $75 regardless of what the lease says.
Can I charge $10/day for each day rent is late?
No. Daily late fees are prohibited in Colorado. You can only charge ONE late fee per late payment, and it cannot exceed the statutory maximum.
Does the 7-day grace period apply to commercial properties?
No. C.R.S. § 38-12-105 applies only to residential rental agreements. Commercial leases can have different late fee terms.
What if the tenant’s rent is due on different dates each month?
The 7-day grace period starts from whatever date rent is due under the lease. If rent is due on the 15th, the grace period runs through the 22nd.
Can I charge an NSF fee in addition to the late fee?
Yes. NSF (bounced check) fees are separate from late fees. Colorado allows reasonable NSF fees, typically $20-35, if specified in the lease. Check C.R.S. § 13-21-109 for current limits.
What happens if I charge an illegal late fee?
The tenant can sue to recover the excess amount. Courts may also award damages for unfair debt collection practices. It’s not worth the risk—stick to legal limits.
Can the tenant waive the grace period?
No. C.R.S. § 38-12-105 states these protections “may not be waived.” Even if the tenant signs an agreement waiving the grace period, it’s unenforceable.

Late Fee Laws: Colorado vs. Neighboring States

Colorado’s late fee regulations are among the most tenant-friendly in the region:

StateGrace PeriodMaximum Late FeeDaily Fees?
Colorado 7 days (mandatory) $50 or 5% (greater) No
Wyoming No statutory requirement No statutory limit Yes, if in lease
Nebraska No statutory requirement No statutory limit Yes, if in lease
Kansas No statutory requirement No statutory limit Yes, if in lease
New Mexico No statutory requirement 10% of rent No
Utah No statutory requirement No statutory limit Yes, if in lease

Record Keeping Requirements

Maintain thorough records of all late rent situations:

  • Rent ledger showing all payments, dates, and amounts
  • Copies of all notices sent to tenant
  • Proof of delivery (email receipts, certified mail tracking, photos of posted notices)
  • Communication records (texts, emails, voicemails about late rent)
  • Payment plans or agreements in writing
  • Late fee calculations showing compliance with statutory limits
💡 Tip: Use Property Management Software

Software like Buildium, AppFolio, or Rent Manager automatically calculates Colorado-compliant late fees and maintains the documentation you need.

Resources

Legal References

  • C.R.S. § 38-12-105 – Late payment charges; limits
  • C.R.S. § 13-40-104 – Grounds for eviction
  • C.R.S. § 38-12-103 – Security deposit limits
  • C.R.S. § 13-21-109 – Bad check fees

Professional Assistance

  • Colorado Bar Association: (303) 831-8000
  • Colorado Apartment Association: caahq.org
  • Colorado Legal Services: (303) 837-1313

⚠️ Legal Disclaimer

This late rent notice form and guide are provided for informational purposes only and do not constitute legal advice. Colorado landlord-tenant law changes periodically. While we strive to keep this information current, always verify current statutory requirements. Consider consulting with a licensed Colorado attorney for advice about your specific situation. This form does not create an attorney-client relationship.