New Protections for Colorado Renters
October 2021
Colorado enacted many new laws to better protect renters this year. These laws will help
renters—including mobile homeowners—avoid eviction and financial burdens, and advance
access to justice for those facing eviction.
Late Fees
● To be able to charge fees on late rent payments, a landlord must disclose those fees in a
lease agreement.
● If a renter can’t pay rent the day it is due (usually the 1
st
of the month), landlords have to
wait at least 7 calendar days before they charge a late fee. (Calendar days means
weekends and holidays count toward that 7-day minimum.) If the renter pays their rent
in those 7 days, no late fee should be charged.
● When a landlord does charge late fees, in one month, those fees can’t total more than:
o $50 or
o 5% of the amount owed that month—whichever of these amounts is greater.
● A landlord can charge late fees more than once per month, as long as the total does not
go over those limits.
● A landlord is not allowed to:
o charge interest on late fees;
o charge late fees on an portion of the rent that is subsidized;
o subtract any late fees from rent the renter has paid;
o evict someone only for unpaid late fees; or
o charge any more than $50 or 5% of the amount owed that month, even if a
renter can't pay rent for multiple months.
● If a landlord violates any of these laws, a renter can:
o Get $50 from the landlord for an initial violation, plus additional compensation
(ranging from $150 to $1,000) for additional violations if the renter first notifies
the landlord of the violation and the landlord doesn’t fix it within 7 days;
o Bring legal action against their landlord to stop them from violating the law; and
o Seek financial damages and coverage of attorney fees if they go to court.
Time to Pay Overdue Rent
● A landlord can still evict a renter for not paying rent. But, if a renter can pay all
outstanding rent any time before the point of a judgment in eviction court, the landlord
or the court have to accept that rent and let the renter stay in their home.
● If a judge confirms the renter has paid all rent that is due, the court will vacate any
judgment and dismiss the case. This means the renter won’t have anything about the
eviction filing or court case on their record.
● A landlord or attorney can’t ask or force a renter to give up these rights as part of any
negotiation or in a lease.