Habitual Late Payment of Rent in Colorado

Emergencies happen, and it’s always possible a renter in Danver, Boulder, or another city in Colorado will find themselves unable to pay rent. But what happens when one emergency becomes habitual late payment of rent in Colorado? Whether a tenant has lost their job or has encountered other difficulties and has been consistently not paying rent on time, there are protections available under Colorado law for the landlord (and for the tenant).

Habitual late payment of rent is a common cause of tenant-landlord disputes in Colorado, one that can strain the relationship between the two parties and cause considerable stress for both. If you find yourself in this situation and could use a consultation with a Colorado tenant-landlord dispute lawyer, call the Denver offices of Flaxman Law Group at 970-999-0530. We can set up a no obligation case consultation with you and a tenant-landlord dispute attorney so you can talk about your options and situation.

In Colorado, most landlords set the due date for rent payment as the first of the month. This date is usually clearly outlined in the lease agreement and it is the tenant’s responsibility to ensure rent is paid in full by this date.

The state also has a grace period of seven days. Ideally, this grace period should be outlined in the lease agreement, too. During the first seven days, landlords cannot charge any late fees outlined in the lease. They also can’t charge interest on late fees. If the tenant pays the rent within these seven days, the landlord can’t request the late fee.

Tenants have the right to "cure" or rectify the late payment within the notice period. This means paying the overdue rent and any associated late fees to bring the lease back into compliance.

The best solution for landlords to avoid this situation is to vet tenants carefully. Verifying employment status and credit scores can help landlords find tenants who have a history of financial responsibility.

Landlords in Colorado also have the right to charge a late fee, which can encourage renters to pay on time. State laws state that these fees can’t be more than $50 or 5% of the amount owed during the month (whichever is greater). To collect late fees, landlords must outline these fees in the rent agreement.

A landlord can also evict a renter for not paying rent. However, the landlord has to go through the correct process for eviction, and if the tenant pays off all that is owing before the judgment the landlord has to accept the rent.

For landlords, a clear lease agreement that outlines when the rent is due and any late penalties is one of the best defenses against late rent.

If despite these measures a renter continues to be late with rent, there are a few things a landlord can do:

• Discuss any reasons for late payments with the tenant and seek out mutually agreeable solutions.
• Modify the lease terms to accommodate the tenant's payment schedule, such as shifting the due date to align with the tenant's payday.
• Seek mediation or the help of a Colorado tenant-landlord dispute attorney, who can help both parties seek out solutions.

When habitual late rent payments persist, it can cause breakdowns in the relationship between landlord and tenant and lead to disputes. Late payments also hurt everyone. They can harm a renter’s credit, which can make it harder to find new housing. For landlords, late payments can make it hard to meet financial obligations and can make an investment property less profitable.

If you find yourself involved in a tenant-landlord dispute in Colorado Springs, Canon City, or any community in Colorado, call the Denver offices of Flaxman Law Group for a no obligation case consultation with a Colorado tenant-landlord dispute lawyer. Let’s talk about what we can do to resolve the problem.

At Flaxman Law Group, we’re committed to assisting both tenants and landlords in Colorado and our experienced team is here to help. Just call us at 970-999-0530 to schedule a no obligation case consultation with a tenant-landlord dispute lawyer. Our law firm is deeply rooted in family, with a father-son attorney team. We’re highly responsive, and each of our clients has our attorneys’ cell phone numbers for 24/7 access. We genuinely care about your case and work in your best interests.