Colorado landlords
Are Your Late Fees and Add-On Charges Enforceable?
Colorado caps late fees, requires a grace period, and bars calling a late fee 'additional rent.' LeaseCheck checks your fee language against the current cap and flags anything that could be unenforceable — or worse, a compliance risk.
Fee language is easy to get wrong without noticing
Late fees are one of the most commonly miswritten clauses in independent-landlord leases — a flat dollar amount that exceeds the statutory cap, a missing grace period, or fee language framed as "additional rent" (which changes its legal treatment). None of these are obvious from reading the lease casually. LeaseCheck checks the late-fee clause and any other add-on charge language against Colorado's current cap and grace-period rules.
What LeaseCheck checks here
- ✓ Late fee amount vs. the statutory cap (greater of $50 or 5%)
- ✓ Seven-day grace period before a late fee applies
- ✓ "Additional rent" or similar mislabeling of the late fee
- ✓ Utility billing method disclosure
- ✓ Admin and amenity fee itemization
- ✓ Fee-stacking (multiple overlapping charges for one lapse)
Example findings
Late Fee Exceeds Statutory Cap
High riskA flat $100 or 10%-of-rent late fee exceeds the cap of the greater of $50 or 5% of monthly rent — the excess portion is not collectible.
Why it matters:
What is the exact late-fee amount, and how does it compare to $50 or 5% of monthly rent, whichever is greater?
Late Fee Styled as "Additional Rent"
Medium riskCalling a late fee "additional rent" changes how it is treated and is specifically restricted — worth rewriting even if the dollar amount itself is within the cap.
Why it matters:
Does the clause refer to the late fee as rent, or as a separate fee?
Not just a flag — a fix
Late Fee Clause
Your original clause
A late fee of $100 or 10% of the monthly rent, whichever is greater, shall be added as additional rent if payment is not received by the 1st.
Recommended replacement
A late fee not to exceed the greater of $50 or 5% of the monthly rent may be charged if rent is more than seven (7) days late, consistent with C.R.S. § 38-12-105.
Colorado caps late fees at the greater of $50 or 5%, requires a seven-day grace period, and bars styling the fee as "additional rent."
Frequently asked questions
Does the cap apply to all fees, or just late fees? +
The statutory cap and grace-period rule apply specifically to late payment of rent. Other fees (admin, amenity, pet) are checked separately for clarity and itemization, not against this specific cap.
What if my current late fee is already too high? +
The corrected version LeaseCheck produces rewrites the clause to the statutory cap and grace period — you decide whether and how to apply it going forward.
Can I still require rent to be paid on the 1st? +
Yes — the due date itself is not restricted. The grace period applies to when a late fee can be charged, not to when rent is due.