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Late Fees in Colorado Leases

Q: Are rental late fees limited in Colorado? A: Yes. As of October 1, 2021, late fees in residential Colorado leases are limited to the greater of: (i) $50, or (ii) 5% of the past due rent payment. The changes discussed in this article were enacted in Senate Bill SB21-173: Rights in Residential Lease Agreements. … Continue Reading

New Law Limits Retainage in Private Construction Projects

Co-Author:  Lauren M. Taylor[i] This summer, the Colorado General Assembly adopted new limits on the amount of retainage a property owner can withhold from contractors and subcontractors in private construction contracts. Retainage and Limits Retainage is a percentage of a contract or subcontract price withheld from a contractor by a property owner until the completion … Continue Reading

Due-on-Transfer Risk in an Era When Rates Cannot Decline

Loan Due On Transfer The current conventional wisdom is that so long a lender is receiving payments, the lender will not call a loan in default just because the borrower conveyed title, without paying off the debt, in violation of “due-on-transfer” clauses in the mortgage.  That conventional wisdom is based, however, on experiences born out … Continue Reading

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