How does Colorado compare with other states?

Among the 31 states we have verified, 19 require less notice (3 of them none at all), 4 others use the same 10 days as Colorado, and 6 require a longer one. Among states that require a notice, the median is 7 days. Colorado is in the minority with a statutory limit. 12 of the 31 verified states cap late fees by statute, and 10 set a grace period before one can be charged. Figures for states we have not verified yet are left out of these counts.

Colorado Late Rent Laws (2026): Notice, Grace & Late Fees

Q: How much notice does a landlord have to give for unpaid rent in Colorado?

The rule in Colorado (Colo. Rev. Stat. § 13-40-104(1)(d)): 10-day written notice to pay rent or surrender possession (5 days under an 'exempt residential agreement'). If rent is still unpaid once that period has run, the landlord can file an eviction case.

Q: Is there a grace period for late rent in Colorado?

Yes, for late fees: Colorado sets a 7-day grace period. No late fee unless rent is at least 7 calendar days late; cap is the greater of $50 or 5% of the past-due amount; fee must be disclosed in the lease; no eviction for unpaid late fees (Colo. Rev. Stat. § 38-12-105).

Q: How much can a landlord charge as a late fee in Colorado?

Greater of $50 or 5% of the past-due rent payment (Colo. Rev. Stat. § 38-12-105). No late fee unless rent is at least 7 calendar days late; cap is the greater of $50 or 5% of the past-due amount; fee must be disclosed in the lease; no eviction for unpaid late fees. On a $1,500 monthly rent left entirely unpaid, that works out to $75.

Q: Can a landlord evict for late rent in Colorado?

Yes, for rent that remains unpaid, once the notice step is done: 10-day written notice to pay rent or surrender possession (5 days under an 'exempt residential agreement') (Colo. Rev. Stat. § 13-40-104(1)(d)).

Q: Does federal law change the notice for unpaid rent in Colorado?

It can. At "covered properties" under the federal CARES Act (generally those with a federally backed mortgage or federal subsidies), a 30-day notice to vacate for nonpayment is required in every state. Local ordinances can also be stricter than Colorado's statute.

The Colorado timeline, with dates

Here is the order of events when rent due on the 1st goes unpaid, using Colorado's numbers and an example notice served on the 5th.

The 1stRent is due (the example due date used throughout this page).
Not before the 8thLate fee: Colorado sets a 7-day grace period. No late fee unless rent is at least 7 calendar days late; cap is the greater of $50 or 5% of the past-due amount; fee must be disclosed in the lease; no eviction for unpaid late fees. Whether the fee can start on that day or the next depends on how Colo. Rev. Stat. § 38-12-105 counts days.
The 5th (example)You serve the notice: 10-day written notice to pay rent or surrender possession (5 days under an 'exempt residential agreement') (Colo. Rev. Stat. § 13-40-104(1)(d)).
Not before the 15thThe 10-day period runs out. The exact last day depends on how the statute counts days and on how the notice was delivered.
Earliest filingIf rent is still unpaid once the notice period has fully run, you can file an eviction case.

The dates are the earliest the numbers allow, not a promise: how days are counted, weekends, and the way the notice is delivered can all push them later. Read Colo. Rev. Stat. § 13-40-104(1)(d) before you serve anything.

The notice for unpaid rent

10-day written notice to pay rent or surrender possession (5 days under an 'exempt residential agreement'). Colo. Rev. Stat. § 13-40-104(1)(d)

Among the 31 states we have verified, 19 require less notice (3 of them none at all), 4 others use the same 10 days as Colorado, and 6 require a longer one. Among states that require a notice, the median is 7 days.

Late fees and the grace period

No late fee unless rent is at least 7 calendar days late; cap is the greater of $50 or 5% of the past-due amount; fee must be disclosed in the lease; no eviction for unpaid late fees. Colo. Rev. Stat. § 38-12-105

Statutory limit: Greater of $50 or 5% of the past-due rent payment.

Monthly rent	Maximum late fee
$1,000	$50
$1,500	$75
$2,500	$125

Assumes the whole month's rent is unpaid and the lease provides for a late fee.

Colorado is in the minority with a statutory limit. 12 of the 31 verified states cap late fees by statute, and 10 set a grace period before one can be charged.

What else to know in Colorado

Notes from our review: Exempt residential agreement = single-family home leased by a landlord owning 5 or fewer single-family rentals who states in the lease that the 10-day period does not apply (§ 13-40-104(5)). The notice requirement cannot be waived. Text read from the 2024 C.R.S. edition.

Cities and counties can add their own rules on top of the state’s. At “covered properties” under the federal CARES Act — generally those with a federally backed mortgage or federal subsidies — a 30-day notice to vacate for nonpayment is required in every state.

Colorado and its neighbors

State	Notice	Grace period	Late-fee cap	Source
Colorado	10 days	7 days	Greater of $50 or 5%	Verified
Arizona	5 days	None statewide	No statutory cap	Verified
Kansas	3 days	None statewide	No statutory cap	Verified
Nebraska	7 days	None statewide	No statutory cap	Unverified
New Mexico	3 days	None statewide	10% of rent	Unverified
Oklahoma	5 days	None statewide	No statutory cap	Unverified
Utah	3 business days	None statewide	Greater of $75 or 10%	Unverified
Wyoming	3 days	None statewide	No statutory cap	Unverified

Notice periods across the 31 verified states

Notice before filing	States
No pre-filing notice	3
3 days	10
5 days	3
7 days	3
10 days	5
14 days	6
No fixed number	1

Sources

Notice for unpaid rent: Colo. Rev. Stat. § 13-40-104(1)(d)
Late fees and grace period: Colo. Rev. Stat. § 38-12-105
Status: verified — the notice rule was read in statute text (or a verbatim copy of it) for our September 14, 2026 review.

Colorado late rent laws (2026)