Lease Clauses That Became Void on January 1, 2026

Most lease-template reviews look for what’s missing. This one is about what’s now actively wrong — specific clauses that were legal in an older template and are void the moment 2026 rules apply, regardless of when the lease itself was signed.

Automatic cleaning-fee clauses

A clause that charges a flat cleaning fee at move-out “regardless of condition” is void. Cleaning charges are now only permitted if cleaning was actually necessary to address damage beyond normal wear and tear — the fee has to be justified by the unit’s actual condition, not built into the lease as a standing charge.

Property-tax and CAM passthrough clauses

Clauses that pass property taxes or common-area-maintenance costs to the tenant as a separate line item are void under the 2026 fee-transparency changes (HB25-1090). If your lease has a “tenant shall reimburse landlord for its pro-rata share of property taxes” clause, that structure no longer holds up as written.

Payment-processing-fee clauses without a free option

A clause requiring tenants to pay a processing fee for every rent payment is void unless the lease (and the actual payment system) also offers a free way to pay. “Convenience fee applies to all payments” is the pattern to look for and remove or fix.

Late fees mislabeled as “additional rent”

This one predates 2026 but remains one of the most common findings: a late-fee clause that refers to the fee as “additional rent” rather than a separate charge is specifically restricted under Colorado’s late-fee statute (C.R.S. § 38-12-105), independent of whether the dollar amount itself is within the cap.

What replaces a void clause

A void clause doesn’t just disappear — it typically needs to be replaced with compliant language, not deleted outright, especially for cleaning and fee provisions where some version of the charge is still legally allowed under narrower conditions. Simply crossing out a clause can leave a gap the lease needs for basic move-out logistics.

What to check in your own lease

• Does a cleaning-fee clause apply “regardless of condition,” or only when cleaning is actually needed?
• Is any tax or CAM cost billed to the tenant as a standalone line item?
• Does a payment-processing fee apply with no free payment option offered?
• Does the late-fee clause call the fee “additional rent”?

The bottom line

A clause that was fine in 2023 isn’t automatically fine in 2026 — the fee and disclosure rules apply to the conduct, not the lease’s signing date. A Lease Template Compliance Check reads a template clause by clause against the current rule set and returns corrected language for anything that’s gone void.

LeaseCheck for Landlords is an educational lease-compliance screening tool. It is not a law firm and does not provide legal advice. Colorado rental laws change; confirm specifics for your situation with a licensed attorney.