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What a Lease Cannot Say

C.R.S. 38-12-105 — no late fee until rent is seven days late, and no more than $50 or five percent

  • Charge a late fee unless rent is late by at least seven calendar days.
  • Charge a late fee greater than $50 or five percent of the past due rent, whichever is greater.
  • Require a late fee that the rental agreement does not disclose.
  • Remove a tenant, or start an eviction, because late fees were not paid.
  • C.R.S. 38-12-105
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Who handles this in Colorado: legal aid programs and the state offices, listed in the Colorado directory.

None of those may a Colorado landlord do, or have an agent do. Nor may a lease waive a tenant's right to call the police or emergency help.

  • C.R.S. 38-12-105
  • C.R.S. 38-12-402
Sources for this section (2)
  1. C.R.S. 38-12-105 — Late fees charged to tenants and mobile home owners - maximum late fee amounts - prohibited acts - penalties - period to cure violations - remedies - unfair or deceptive trade practice
  2. C.R.S. 38-12-402 — Protection for victim-survivors of unlawful sexual behavior, stalking, domestic violence, or domestic abuse

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Colorado attorney.

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