Squatter’s Rights in Colorado

In this article, we will discuss:

What are Squatter Rights?
Differences Between Squatter Rights and Adverse Possession in Colorado
Distinguishing Squatters from Trespassers
Colorado’s Squatter Laws
Rights and Duties of Landlords
Rights and Obligations of Tenants
The Eviction Process for Squatters in Colorado
Finding Legal Assistance for Colorado Landlords
Avoiding Squatter Situations

One of the most challenging situations for a landlord is discovering that someone has entered their property without permission. While unauthorized entry typically falls under trespassing, allowing immediate involvement from law enforcement, the situation becomes more complex when a squatter has taken up residence in the property.

In this article, we will explore the rights of squatters in Colorado to help landlords understand what to anticipate in such situations. Let’s dive in.

Key Takeaways

In Colorado, landlords, squatters, and tenants all have specific legal rights that must be respected.
Landlords can remove unauthorized occupants by filing a Verified Motion for Order, unless the squatter has a color of title claiming ownership. In that case, a formal eviction process is required.
Squatters may be able to claim legal ownership of a property through adverse possession if they meet certain requirements, such as continuously occupying the property for 7-18 years, depending on the specific circumstances.
It’s important for both landlords and tenants in Colorado to understand the laws surrounding squatter rights and know how to properly handle a situation involving a squatter on their property.
If faced with a squatter situation, landlords can turn to TurboTenant’s partnership with EZ Evict USA for professional assistance with the eviction process. TurboTenant also provides tenant screening services to help landlords find reliable tenants and minimize vacancies.

Navigating the Legal Complexities of Squatter Rights

Squatter rights legislation dictates that individuals occupying a property without the legal owner’s consent are permitted to remain until the owner initiates a formal Verified Motion for Order to Remove Unauthorized Persons. As a property owner, it is crucial to recognize that self-help evictions, such as changing locks or relocating the occupant’s possessions, are strictly prohibited.

To legally remove an unauthorized occupant from your property, it is imperative to adhere to the established legal procedures. Furthermore, if the squatter satisfies specific requirements, they may have the ability to challenge property ownership through the process of adverse possession.

Squatter Rights and Adverse Possession Laws in Colorado

In Colorado, squatters have certain rights that protect them from immediate eviction by the property owner. According to Colorado laws, a squatter is allowed to reside on a property until the rightful owner requests them to vacate. However, the Colorado Revised Statute §13-40.1-101 expedites the eviction process if specific conditions are fulfilled, which are explained below.

Adverse possession is a legal mechanism that allows a squatter to claim ownership of a property if they meet several requirements. These requirements include:

Continuously occupying the property for a minimum of 18 years without interruption.
Continuously occupying the property for seven years without interruption, provided they have paid property taxes during this period and possess color of title.

Additionally, for a squatter to be eligible for adverse possession, the following criteria must be satisfied:

Actual Possession: The squatter must provide evidence of their physical presence and living on the property for a specific duration.
Continuous Possession: The squatter must have occupied the property for seven to 18 years, contingent upon their property tax payments and color of title possession.
Open and Notorious Possession: The squatter should openly reside on the property without concealing their presence.
Exclusive Possession: The squatter should be the sole occupant of the property.
Hostile Possession: In this context, hostile refers to the absence of a valid lease agreement, and the squatter occupies the property against the owner’s wishes.

Squatting vs. Trespassing

Trespassing involves entering a property without the rightful owner’s consent. Squatting is comparable, but it entails an extended occupation and is frequently done to establish ownership through adverse possession.

Trespassing penalties may include imprisonment and/or monetary fines, and eviction is not required. Squatting seldom leads to such repercussions, with the most severe consequence often being forcible eviction by law enforcement if the individual refuses to vacate the property.

Property owners in Colorado must grasp these legal distinctions and ramifications. This way, you understand what actions to pursue if you ever encounter someone trespassing or squatting on your property. When it comes to squatter rights, Colorado takes a clear stance and has a well-defined procedure for addressing squatting.

Colorado Regulations on Unauthorized Occupants

In Colorado, unauthorized occupants may claim adverse possession rights if they fulfill specific legal requirements, although this is uncommon. Property owners are prohibited from forcibly evicting an unauthorized occupant and must instead file a Verified Motion for Order to Remove Unauthorized Persons with the court to legally remove the individual.

To demonstrate ownership and prove that the unauthorized occupant lacks legal rights to the property, landlords simply need to sign and submit a Verified Motion to the court. (Please note: If the unauthorized occupant presents evidence of adverse possession, legal complications could arise.)

In summary, comprehending Colorado’s legislation concerning unauthorized occupants is crucial for both landlords and tenants to understand their rights and permissible actions.

How to Legally Acquire Abandoned Property in Colorado Through Adverse Possession

In Colorado, individuals can legally acquire abandoned property through the process of adverse possession by following these steps:

Gather and present evidence that supports their adverse possession claim. This may include documentation showing they have been paying property taxes, as well as photographs or receipts demonstrating they have made improvements to the property, such as maintaining the landscaping, adding hardscaping elements, or caring for the garden.
Initiate a quiet title action through the court system to establish clear ownership of the property. A quiet title action serves to resolve any competing claims of ownership and determine the rightful owner.
Present the collected evidence supporting their claim of ownership during a court hearing.

If the court rules in favor of the adverse possession claim, the individual will be granted the right to remain on the property. However, if the court denies the claim, the individual will be given a specific timeframe to collect their belongings and vacate the premises.

In accordance with adverse possession laws in Denver and throughout Colorado, if the individual fails to leave the property within the specified timeframe, law enforcement, such as the sheriff’s department, will intervene to remove them from the premises.

Landlord Rights and Responsibilities

Landlords have the right to request that squatters vacate the property; if the squatters refuse, landlords can initiate legal proceedings by submitting a Verified Motion for Order to Remove Unauthorized Persons. It’s important to note that tenants are not classified as squatters. Squatters are individuals who have never been tenants and have no connection to the property owner.
Landlords are permitted to document the property through photographs and gather evidence to substantiate their claims that the squatter has not been residing on the premises. This is done to challenge any assertions made by the squatter regarding continuous occupancy over an 18-year period (or seven years if they have been paying property taxes).
Landlords are not allowed to forcibly remove squatters without following the proper legal procedures.

Renter Privileges and Duties

Renters are entitled to reside in a dwelling with a legitimate rental agreement.
If a renter observes unauthorized individuals or discovers unwanted occupants on the property, it is their duty to notify the proper authorities or contact the property owner.
Renters must never try to evict unwanted occupants on their own.

How to Remove Unauthorized Occupants in Colorado

There are two methods for removing unauthorized occupants in Colorado:

Execute a legal document authorizing the forceful removal of the occupants, provided they do not possess any legitimate claims to ownership or title.
Deliver an official notice communicating the intention to evict and initiate the legal eviction proceedings.

The process for evicting unauthorized occupants in Colorado follows these steps:

Serve a properly formatted notice specifying a definitive timeframe within which the occupant must vacate the premises, such as a three-day unconditional notice to quit.
In the event of non-compliance by the occupant, submit a formal complaint to the court using Form JDF 99.
The Sheriff’s Department or another duly authorized entity will issue a summons to the occupant.
The occupant may respond by filing an answer to dispute the allegations and potentially assert an adverse possession claim if they satisfy the necessary criteria. (Please note: As previously mentioned, substantial evidence is required to support such a claim, including property tax receipts, proof of continuous occupancy, color of title, etc.).
The property owner or their legal representative must appear at a hearing to present the deed, receipts, and any additional evidence establishing ownership to counter the adverse possession claim.
Upon demonstrating that you are the rightful owner and invalidating any adverse possession claims, the judge will issue a writ of restitution, empowering law enforcement to remove the occupant from the property.
The occupant will be granted approximately two days to vacate the premises before law enforcement intervenes.

Legal Assistance for Property Owners in Colorado

Review our comprehensive Colorado landlord-tenant law guides and the related professional services listed at the end of that webpage. To find a qualified legal representative in Colorado, go to the Colorado Bar Association website and locate a certified lawyer in your area who focuses on real estate law.

Alternatively, get in touch with our reliable partner, EZ Evict USA, if you require a complete eviction solution.

Avoiding Unwanted Occupants on Your Property

To prevent unauthorized individuals from taking up residence in your Colorado property, consider the following measures:

Invest in a comprehensive security system to deter potential squatters.
Conduct regular visits to the property to ensure it remains unoccupied.
Maintain the exterior by engaging a professional landscaping service to keep the lawn well-manicured.
Promptly notify law enforcement if you observe any suspicious behavior on the premises.
Collaborate with a reputable property management software company to minimize the risk of vacancies.