Can't Pay Rent in Colorado: What Are My Options?

1. Contact your landlord in writing as soon as you know you cannot pay rent on time. Ask if your landlord will agree to a payment plan or a later date to pay. Keep a copy of what you send and any reply.

   RenterLaw editorial

2. Your landlord cannot charge you a late fee unless your rent payment is at least 7 days late.

   Colorado Office of Legislative Legal Services § 38-12-105(1)(a)

   ✓ Sources checked September 29, 2026

3. Your landlord cannot charge a late fee of more than $50, or 5% of your late rent payment, whichever is more. For $1,000 rent, 5% is $50, so the cap is $50. For $2,000 rent, 5% is $100, so the cap is $100.

   RenterLaw editorial Colorado Office of Legislative Legal Services § 38-12-105(1)(b)

   ✓ Sources checked September 29, 2026

4. Your landlord can charge a late fee only if the late fee is written into your lease.

   Colorado Office of Legislative Legal Services § 38-12-105(1)(c)

   ✓ Sources checked September 29, 2026

5. Your landlord can charge only one late fee for each late rent payment. Your landlord may split that fee into more than one charge. The combined total still cannot be more than $50, or 5% of the payment, whichever is more. For example, if rent is $800, 5% is $40, so the cap is $50. If rent is $2,000, 5% is $100, so the cap is $100.

   RenterLaw editorial Colorado Office of Legislative Legal Services § 38-12-105(1)(g)

   ✓ Sources checked September 29, 2026

6. Your landlord cannot charge you interest on a late fee.

   Colorado Office of Legislative Legal Services § 38-12-105(1)(h)

   ✓ Sources checked September 29, 2026

7. If you pay your rent, your landlord cannot take a late fee out of that rent payment.

   Colorado Office of Legislative Legal Services § 38-12-105(1)

   ✓ Sources checked September 29, 2026

8. Your landlord must give you written notice of a late fee within 180 days after the date the rent was due. If not, your landlord cannot charge that late fee.

   Colorado Office of Legislative Legal Services § 38-12-105(1)(j)

   ✓ Sources checked September 29, 2026

9. A rent subsidy program may pay part of your rent for you. Your landlord cannot charge you a late fee for that part, even if the program pays late. The same rule applies if the program does not pay its share at all.

   Colorado Office of Legislative Legal Services § 38-12-105(1)(f)

   ✓ Sources checked September 29, 2026

10. Your landlord cannot evict you, take you to court, or end your lease just because you have not paid a late fee.

    Colorado Office of Legislative Legal Services § 38-12-105(1)(d)-(e)

    ✓ Sources checked September 29, 2026

11. If your lease breaks Colorado's late fee rules, a court will not enforce that part of the lease. You can also ask a court to order your landlord to follow those rules.

    Colorado Office of Legislative Legal Services § 38-12-105(2)

    ✓ Sources checked September 29, 2026

12. Tell your landlord in writing or by email if they break a late fee rule. Your landlord then has 7 days to fix it. If your landlord does not fix it in 7 days, you can take them to court.

    Colorado Office of Legislative Legal Services § 38-12-105(4)

    ✓ Sources checked September 29, 2026

13. A court can order your landlord to pay for your loss and your legal costs. A court can order a penalty of $150 to $1,000 for each violation. You get this money only if you win your case and your landlord pays.

    RenterLaw editorial Colorado Office of Legislative Legal Services § 38-12-105(5)

    ✓ Sources checked September 29, 2026

14. Colorado's Division of Housing runs the Colorado Emergency Rental Assistance program, called CERA. It offers rental assistance (money to help pay rent) for renters behind on rent who risk losing their home. A household may get up to $15,000 if it meets income limits and other rules. CERA's main application window opens only at set times and is closed right now. Call the CARE Center at 303-838-1200 to see if you can apply.

    Colorado Division of Housing Program Overview

    ✓ Sources checked September 27, 2026

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