Colorado Law
Colorado’s Junk Fee Law (HB25-1090): What Landlords Must Change in 2026
By Denver Rental Managers · Updated October 16, 2026 · 6 min read
Summary
Since January 1, 2026, Colorado’s HB25-1090 requires landlords to advertise and lease at a single total monthly price that includes every mandatory fee, and bans charges such as rent payment-processing fees when no free option exists, separate common-area maintenance fees, and fees for services not actually provided. Optional fees like pet rent and utilities billed at actual cost remain allowed.
Key takeaways
- Advertised rent must include all mandatory, unavoidable fees as one clearly displayed price.
- You can’t charge a processing fee on rent payments unless tenants have a free way to pay.
- Common-area maintenance, property-tax pass-through and fees for your legal duties can’t be separately charged.
- Markups on third-party costs are limited to a small cap carried over from HB23-1095.
- Optional fees (pet rent, optional parking) and utilities at actual cost are still allowed.
- Tenants can refuse prohibited fees and sue under the Colorado Consumer Protection Act.
What HB25-1090 is
HB25-1090 is Colorado’s “junk fee” or price-transparency law. It covers businesses that advertise prices to Colorado consumers, with specific rules for residential landlords. It became law in 2025 and took effect January 1, 2026. For landlords, it builds on the 2023 lease-terms law, HB23-1095.
Rule 1: Advertise one total price
Your advertised rent must include all mandatory and unavoidable costs as a single dollar figure, clearly and conspicuously displayed in ads and in the lease. No asterisks, no “plus fees” in the fine print. With narrow exceptions, the number in the listing should be the number the tenant owes each month.
| Old-style listing | Compliant listing |
|---|---|
| $2,350/mo + $35 tech fee + $15 trash fee | $2,400/mo total |
| $2,400/mo + $25 admin fee per month | $2,425/mo total |
Rule 2: Many add-on fees are banned
According to Colorado law-firm analyses of HB25-1090, landlords may not separately charge:
- Common-area maintenance costs, such as upkeep of a fitness center or grounds.
- Fees tied to property taxes.
- Processing fees on rent payments, unless the tenant has a free way to pay.
- Late fees on amounts other than rent, such as utilities.
- Fees for meeting your statutory duties, such as keeping the unit habitable.
- Fees above your actual cost, except as the markup cap allows.
- Fees that rise more than 2% during a lease term of one year or less (utilities excluded).
- Fees for services not actually provided, like a pool fee while the pool is closed.
Third-party markups
HB25-1090 reiterates the limit from HB23-1095 on marking up costs a landlord pays to a third party. Law-firm summaries describe the cap as a small percentage over cost or $10 per month, but not both. Bill third-party charges at or very near actual cost and keep the invoice.
What’s still allowed
| Still allowed | Conditions |
|---|---|
| Utilities | At no more than the provider’s charge, except as the markup cap permits |
| Pet rent and pet deposit | Optional, and within HB23-1068 caps |
| Optional parking, storage, valet trash | Truly optional; the tenant can decline |
| Government-imposed charges and taxes | As permitted by the statute |
| Late fees on rent | Greater of $50 or 5% of past-due rent, after 7 days, if in the lease |
Penalties
Tenants may refuse to pay prohibited fees or demand reimbursement. If deceptive or unenforceable fees are not returned within 14 days of a demand, damages can accrue at 18% annual interest, according to Otten Johnson’s analysis. Tenants can also bring claims under the Colorado Consumer Protection Act for deceptive or unconscionable pricing.
What about leases signed before 2026?
The bill does not clearly say whether it applies to leases signed before January 1, 2026. Colorado attorneys advise assuming it does: stop collecting banned fees now, and amend existing leases or notify tenants in writing. You also can’t simply fold the lost fee into rent mid-lease, because rent can rise only once every 12 months and only if the lease allows it. Read the rent increase rules.
A 2026 compliance checklist
- List every fee your leases and listings mention.
- Classify each as mandatory, optional or utility.
- Fold mandatory fees into the advertised total price.
- Delete banned fees, including rent-payment processing fees if no free payment method exists.
- Make sure optional fees are truly optional and disclosed accurately.
- Re-check utility billing against actual provider charges.
- Update your listing templates and lease forms.
Common rental fees under the new law
| Fee | Status under HB25-1090 |
|---|---|
| Monthly “technology” or “admin” fee everyone must pay | Must be folded into the advertised total price |
| Processing fee on online rent payments | Allowed only if tenants have a free way to pay |
| Common-area maintenance fee | Can’t be charged separately |
| Late fee on an unpaid utility bill | Not allowed; late fees apply to rent only |
| Pet rent | Allowed as an optional fee within HB23-1068 caps |
| Optional reserved parking or storage | Allowed if truly optional and accurately disclosed |
| Water and sewer billed back at actual cost | Allowed |
| Fee for an amenity that’s closed | Not allowed while the service isn’t provided |
Does this apply to single-family landlords?
Yes. The landlord provisions aren’t limited to apartment communities. A single-family owner who lists a home at one price and then adds a mandatory monthly fee in the lease is exposed the same way a large complex is. The simplest approach for a house or condo is one all-in rent, utilities at actual cost, and clearly optional extras.
Working with an HOA or utility billing company
If your HOA bills you for trash, water or amenities, decide whether you are passing that cost to the tenant as a utility at actual cost or including it in rent. Either way, the advertised total price must reflect any mandatory charge. If a third-party billing company adds its own service fee, that fee is subject to the markup limits above, so ask the vendor for a fee breakdown before you put it in a lease.
How Denver Rental Managers handles this
Our listings show one total monthly price, residents can pay rent online at no charge, and we bill utilities at actual cost. On the owner side we take the same approach: no setup fees, no vacancy fees and no maintenance markups. See our pricing.
This guide is general information, not legal advice. Confirm current rules with the Colorado Division of Real Estate or an attorney.
Sources
This guide is general information for Colorado landlords, not legal advice. Laws change; confirm current requirements with the Colorado Division of Real Estate or a licensed attorney before acting.
