Cal. Civ. Code § 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.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoLate Fees

Operative Text

Cal. Civ. Code § 38-12-105
(1) A
landlord shall not take any of the following actions or direct any agent to
take any of the following actions on the landlord's behalf:

(a) 
Charge a tenant or home owner a late fee unless a rent payment is late by at
least seven calendar days;

(b) 
Charge a tenant or home owner a late fee in an amount that exceeds the greater
of:

(I) 
Fifty dollars; or

(II) 
Five percent of the amount of the past due rent payment;

(c) 
Require a tenant or home owner to pay a late fee unless the late fee is
disclosed in the rental agreement;

(d) 
Remove or exclude a tenant from a dwelling or initiate a court process for the
removal or exclusion of a tenant from a dwelling because the tenant fails to
pay one or more late fees to the landlord;

(e) 
Terminate a tenancy or other estate at will or a lease in a mobile home park
because a tenant or home owner fails to pay one or more late fees to the
landlord;

(f) 
Impose a late fee on a tenant or home owner for the late payment or nonpayment
of any portion of the rent that a rent subsidy provider, rather than the tenant
or home owner, is responsible for paying;

(g) 
Impose a late fee more than once for each late payment, except that a landlord
may impose a late fee more than once for a late payment if the total amount of
such late fees does not exceed the amount described in subsection (1)(b) of
this section;

(h) 
Require a tenant or home owner to pay any amount of interest on a late fee;

(i) 
Recoup any amount of a late fee from a rent payment made to the landlord by a
tenant or home owner; or

(j) 
Charge a tenant or home owner a late fee unless the landlord provided the
tenant or home owner written notice of the late fee within one hundred eighty
days after the date upon which the rent payment was due.

(2) A
provision of a lease of a landlord or person acting on behalf of a landlord
that does not comply with the provisions of subsection (1) of this section is
void and unenforceable. A tenant who is aggrieved by an action taken by a
landlord or person acting on behalf of the landlord in violation of subsection
(1) of this section may bring an action for injunctive relief pursuant to
subsection (5) of this section.

(3) A
landlord who violates subsection (1) of this section shall pay to an aggrieved
tenant or home owner a penalty in the amount of fifty dollars for each
violation.

(4) 
Except as described in subsection (3) of this section, and notwithstanding any
other provision of this section to the contrary, a landlord who violates
subsection (1) of this section has seven days to cure the violation, which
seven days begins when the landlord receives written or electronic notice of
the violation.

(5) If
a landlord violates subsection (1) of this section and fails to timely cure the
violation as described in subsection (4) of this section, a tenant or home
owner may bring a civil action to seek one or more of the following remedies:

(a) 
Compensatory damages for injury or loss suffered;

(b) A
penalty of at least one hundred fifty dollars but not more than one thousand
dollars for each violation, payable to the tenant or home owner;

(c) 
Costs, including reasonable attorney fees to the prevailing party; and

(d) 
Other equitable relief the court finds appropriate.

(6) A
tenant or home owner may raise an alleged violation of this section as an
affirmative defense in a forcible entry and detainer proceeding.

(7) A
late fee is distinct from rent, and a rental agreement may not classify a late
fee as rent for the purposes of section 13-40-104 (1)(d).
Source: Legislative text reproduced verbatim
Plain English

Colorado Revised Statute § 38-12-105 sets strict limits on how and when landlords may charge late fees to tenants and mobile home owners. A late fee cannot be imposed until rent is at least seven calendar days overdue, cannot exceed the greater of $50 or 5% of the overdue amount, and must be disclosed in the rental agreement with written notice given within 180 days of the missed due date. The law also prohibits landlords from evicting tenants solely for unpaid late fees, charging interest on late fees, or deducting late fees from subsequent rent payments. Lease provisions that conflict with these rules are void and unenforceable, and late fees are legally distinct from rent.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under Colo. Rev. Stat. § 38-12-105, compliant operators ensure that every late fee is clearly disclosed in the written rental agreement before it is ever assessed, and that no fee is charged until rent has been outstanding for at least seven calendar days. The fee itself must not exceed the greater of $50 or 5% of the past-due amount, and landlords generally avoid charging interest on late fees, deducting late fees from rent payments, or imposing fees on any portion of rent covered by a subsidy provider. When a tenant provides written or electronic notice of an alleged violation, the statute gives landlords a seven-day window to cure most violations before civil remedies — including penalties between $150 and $1,000 per violation plus attorney fees — become available to the tenant.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Colo. Rev. Stat. § 38-12-105 gives tenants and mobile home owners a set of enforceable protections against improper late fees, including the right to be free from fees that are undisclosed, assessed too early, or calculated above the statutory cap. Importantly, a landlord cannot remove a tenant from a dwelling or initiate eviction proceedings solely because late fees remain unpaid, and tenants may raise a violation of this section as an affirmative defense in a forcible entry and detainer (eviction) proceeding. Tenants who believe a landlord has violated § 38-12-105 may consider sending written notice of the violation, which triggers the landlord's seven-day cure period, and may explore filing a civil action for compensatory damages, statutory penalties, and attorney fees — tenant-rights organizations can help identify available options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
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References Out

Rules and statutes cited by this regulation

Colo. Rev. Stat. § 13-40-104
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References In

No inbound references recorded yet for this provision.

Related Rules

§ 504B.177
LATE FEES.
§ 90.260
Late rent payment charge or fee; restrictions; calculation.
§ 118A.210
Payment of rent; term of tenancy; late fee.

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