Can Tenants Pay Rent By Credit Card In Colorado?
A new Colorado Senate bill was recently passed (21-091) concerning limitations on credit card transactions. The purpose of this bill is to protect tenants in Colorado from being charged excessive convenience fees when paying their rent by credit card.
Some landlords accept credit card payments and some do not. For those that do, a tenant may attempt to pay their rent by credit card only to discover that the landlord may charge a significant “convenience fee” to the tenant for processing this payment method.
This bill attempts to maintain fairness to tenants by limiting the amount of the convenience fee that the landlord may charge to the tenant. This new convenience fees cap on landlords means that the landlord may charge one of the following:
Option 1: A landlord convenience fee surcharge may not exceed 2% of the total amount of the payment.
OR
Options 2: The Surcharge may not exceed the amount of the Merchant discount fee.
- A merchant processing fee: is the percentage of a transaction that is charged additionally to the total amount for the convenience of using a credit card. This is money that the credit card processor keeps, not the property management company.
Property Managers & Landlords must also follow this new requirement:
- When exercising the option to give tenants the access to utilize a credit card to pay rent, you must add a stated legal disclaimer through visible orientation within your website, lease office, etc. This legally provides to the public that you are aware and understand the rules to follow the law when processing credit cards.
- This bill will take effect July 1, 2022
Landlords must ensure they do not overcharge credit card convenience fees to tenants, and tenants should watch to ensure their rental property managers in Colorado do not overcharge them.
The full bill may be viewed at https://leg.colorado.gov/sites/default/files/2021a_091_signed.pdf
Grace Property Management is honored to work with Colorado real estate investors and residents - providing safe, clean, and fair-priced housing to tenants of all income levels.
Contact us at www.RentGrace.com or 303-255-1990.
