Surviving Colorado’s Junk Fees Law: A Landlord’s Guide

As of January 1, 2026, HB25-1090 requires businesses to charge no more for goods and services than the price they advertise. Many businesses, including landlords, are affected by these new fee transparency rules under the Colorado price disclosure law. 

Failure to disclose the “Total Price” in your 2026 listings or leases puts Front Range property managers at risk of significant financial penalties, stalled evictions, and more. Keep reading to find out how you can protect yourself and your properties now against deceptive practice claims from aggrieved tenants to survive and thrive in this new legal landscape. 

• HB25-1090 requires landlords to advertise a “Total Price” that includes all mandatory fees (except actual utility usage).

• Tenants can issue a “written demand” for refunds that, if ignored, can result in 18 percent interest plus triple damages. 

• Landlords can’t charge for lease administration, unrendered services, or payment processing (unless a free option exists).

Under HB25-1090, landlord compliance with the “Total Price” requirement is mandatory, ensuring that all advertised rates reflect the true monthly cost of a rental unit. According to C.R.S. 6-1-737, deceptive pricing occurs when the true cost of renting is misrepresented. To be compliant, the “Total Price” must: 

• Present a single number that includes all mandatory fees and charges.

• Appear “clearly and conspicuously.”

• Be prominently displayed in your online portals and advertisements.

Let’s say you charge Denver landlord fees or Colorado Springs rental fees; they must be in the advertised price for your property. Think base rent, plus any other permissible and mandatory fees, which may include: 

• Parking spot access

• Storage room units

• Unique featured amenities 

What Can't Be Included in the Price?

The law also prevents landlords from requiring tenants to pay a fee, charge or any amount for:

• Payment of the landlord’s property taxes

• Maintenance of common areas

What Can be Excluded From the Total Price

The law carves out several notable exceptions that landlords don’t have to include in the total price, which are: 

• Utility costs - Landlords aren’t required to include the actual, fluctuating costs that third-party utility providers, such as a power company, may charge tenants in a single advertised figure. To use a ratio utility building system (RUBS), landlords must ensure they’re only recouping actual costs without profit. This includes: excluding common area expenses, limiting administrative fees, and disclosing the allocation formula in the rental agreement. 

• Markup fees - Under the new law, a rental agreement may only include a markup on third-party fees if explicitly authorized in the lease. The law, however, caps the total surcharge at either two percent of the landlord’s actual cost or a maximum of $10 per month, whichever is less.

The new law treats violations like serious consumer protection issues, giving tenants the right to: 

• Refuse to pay any fee or charge that violates the new legal requirements

• Request in writing a refund of any illegal charges, including compensation for any resulting financial losses

The most significant risk for Colorado landlords under the 2026 law is the tenant’s right to demand reimbursement. Essentially, if a tenant believes you charged a prohibited fee, they can send a written demand, giving you 14 days to:

• Stop charging the demanded fee; and 

• Refund the full amount requested 

If you fail to resolve your tenant’s demands within the 14-day timeframe, you’ll see the penalties increase significantly. Once the cure window passes, under Colorado law, you could be liable for: 

• 18 percent interest on actual damages the tenant incurs, which compounds annually

• Three times the actual damages incurred

• Statutory penalties that range from $100 to $1,000 per person, per violation

Oversight of the Protections Against Deceptive Pricing Practices Act: AG Enforcement

Since violations fall under the Colorado Consumer Protection Act (CCPA) as deceptive practices, the Colorado Attorney General’s Office has the authority to investigate and act on any complaints submitted by affected tenants. The AG may seek the following from landlords and property managers for proven violations:

• Injunctive relief

• Civil penalties

• Restitution

• Attorney fees and costs

To avoid the steep penalties triggered by Colorado’s deceptive trade practice laws, landlords who believe their fees are lawful must respond to a tenant’s written demand within 14 days by demonstrating that the charges fall into a “safe harbor” category. These include: 

• The “Total Price” was disclosed - Involves proving the fee was included in the “Total Price” advertised and listed in the lease. 

• The fee was a pass-through utility - Requires evidence that the actual third-party utility cost only applies to the tenant’s specific unit. 

• The fee complies with the third-party markup rule - Disputes claim with proof that the fee is actually a markup on a third-party service. 

• The service is truly optional - Asserts a claim that the fee is for an entirely “opt-in” service that wasn’t a mandatory lease condition.

If you’re confident your billing practices are lawful, take these steps within the 14-day window: 

• Provide a Formal Written Explanation - Respond to the tenant, detailing exactly why the fee is compliant, using your lease and listing advertisements as reference.

• Audit Your Marketing History - Ensure you have saved copies or screenshots of the original advertisements for the unit.

• Have an Attorney Review Your Response - Before denying a tenant’s demand, consult an attorney familiar with the new 2026 rental laws about the matter to ensure your response is air-tight. 

A case assessment as soon as a tenant sends a 14-day written demand will help you determine your legal obligations and prepare for the steps ahead.

The law expressly bans specific types of charges, so it’s critical that you review your current ledgers, if you haven’t already done so. It’s a violation to charge:

• Payment processing fees - The law enables you to include a reasonable, cost-free alternative, such as a drop box for checks or a free electronic payment system for direct money transfers.

• Administrative fees - The law prohibits you from charging for services necessary to comply with landlord obligations, such as maintenance coordination fees. 

• Unrendered services - You cannot charge the tenant for goods and services that you have not actually provided them. 

• Excessive markups - Third-party service markups are capped at two percent or $10 per month, whichever is less.

To avoid the 18 percent interest penalty and state attorney general investigations, be sure to:

• Review active lease agreements to ensure no automatic fee increases exceed two percent (except for utilities).

• Update your listings on Zillow, Apartments.com, and any other relevant platforms to ensure the “Total Price” is prominently displayed.

• Consult with an attorney who practices landlord-tenant law to understand how the new Colorado junk fees law impacts your rental business. If you receive a written demand letter from a tenant, contact a landlord-tenant attorney immediately.

We anticipate that property managers and landlords will face challenges now that this law has taken effect. Fortunately for you, our property management attorneys are prepared to help you navigate these legal challenges. We can provide you with comprehensive lease agreement reviews that include provisions that protect you from liability. Call 303-688-0944 or schedule a consultation online to begin your case assessment. 

Will HB25-1090 Affect Evictions?

While the eviction process itself remains unchanged, the new law may reduce the total debt a tenant can accumulate. The lower debt threshold could narrow the financial grounds for filing for removal. This limitation may delay the restitution of premises until the court determines which fees are actually legal.

Can I Charge a Late Fee for Unpaid Utilities?

No. Under Colorado’s new junk fee rules, you generally can’t charge late fees for anything other than base rent payments. 

Do I Have to Reprint My Brochures?

Yes. Any visual advertisements must clearly display the total price. If you have old signage in front of a building listing a price that excludes mandatory fees, you are non-compliant with HB25-1090. The law outlines several compliance steps that landlords can take to ensure their marketing materials meet legal requirements.

Can I Pass on the Credit Card Processing Fee to My Tenant?

Only if you offer a free way for the tenant to pay rent. If your online portal is the only allowed payment method, you must absorb the processing cost or include it in the advertised rent. 

Do I Need to Change My Lease?

In short, yes. If your current lease agreements don’t include the “Total Price,” as required by C.R.S. 6-1-737, you should speak with an eviction and landlord attorney about conducting a lease review.