Forgetting that rent is due or running short on money may make you late paying your rent in Colorado. Can landlords charge late fees in Colorado when this happens? Landlords in Colorado can charge late fees. However, there are guidelines they must follow.
As a tenant, you have the right to know what fees you may incur for paying your rent late. Landlords who violate the law or a Colorado lease agreement may be liable to you for damages. Our Colorado rent dispute attorneys can help you determine if you have a viable case.
When Can a Colorado Landlord Charge a Late Fee?
Tenants have seven calendar days from the date their rent is due to make a rent payment without incurring a late fee. Calendar days include weekends and holidays. Paying rent within the timeframe should protect against incurring a fee.
How Much Can a Colorado Landlord Charge in Late Fees?
Late fees for nonpayment of rent cannot exceed $50 or 5% of the amount you owe for the month, according to the Rights in Residential Lease Agreements. Landlords may charge whichever amount is greater.
Charging late fees more than once a month is permissible. The total late fee cannot exceed these monthly limits.
Can a Landlord Evict Me for Paying Rent Late in Colorado?
Failing to pay rent can lead to eviction. A landlord may legally file a complaint with the courts for eviction. However, the courts or the landlord must accept payment of any outstanding rent you owe and allow you to remain in the rented space when you pay any outstanding amounts before the court renders a judgment.
When Should Landlords Inform Tenants About Late Fees?
The lease agreement you sign when renting in Colorado should include the fees a landlord charges if you pay rent late. The agreement should also include the date the rent is due to establish when the seven-day grace period for paying rent ends. The law also prohibits landlords in Colorado from evicting you without notice. If you believe you have been wrongfully evicted, contact our Colorado wrongful eviction attorneys for legal support.
What Laws Apply to Late Fees in Colorado?
The Rights in Residential Lease Agreements also protect you from additional fees that a landlord may try to impose for paying rent late. Landlords cannot:
- Charge interest on allowable late fees
- Charge late fees on subsidized rent
- Evict you due to unpaid late fees only
- Charge more than the maximum late fees that the law allows, even when you are unable to pay your rent on numerous occasions
- Take late fees from the rent amount you do pay
Keep records of all the rent and fees you pay to a landlord. Evidence of payment and actions by a landlord that are not permissible by law may be necessary for court. Pursuing legal action against a negligent landlord may be possible. Contact our Colorado tenant attorneys to learn more.
What Happens When a Colorado Landlord Breaks the Law On Late Fees?
Tenants have the right to be compensated $50 for the first violation of the law. If the landlord does not correct the violation within seven days of your notification, you may be owed additional amounts ranging from $150 to $1,000 for further abuses. You may also have the right to file a lawsuit against a landlord who continues to violate Colorado law or wrongfully evicts you. Filing a civil action allows you to seek compensation for monetary damages you experience and attorney fees if your case goes to court.
