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The last thing a landlord wants to deal with is someone entering a property without their explicit permission. While unlawful entry is generally classified as trespassing, and the authorities can get involved right away, it’s not as simple when there’s a squatter involved who has made the property their home.
Today, we will cover squatters rights in Colorado, so you know what to expect as a landlord. Let’s get started.
Squatter rights laws state that a squatter is entitled to dwell on a property without the legal owner’s permission until the owner files a Verified Motion for Order to Remove Unauthorized Persons. Remember, as a property owner, you cannot remove a squatter from a property through a self-help eviction, which means you cannot change the locks or move the tenant’s belongings.
You must go through the proper legal channels to remove an unauthorized person from your residence. As long as the squatter meets specific criteria, they can also contest property ownership through an adverse possession claim.
Per squatter rights as outlined in Colorado laws, a squatter has the right to live at a property until asked to leave by the rightful owner. You can’t just toss them out because, as a squatter, they have rights. However, the Colorado Revised Statute §13-40.1-101 makes this process much faster as long as certain conditions are met, which we detail below.
Adverse possession, on the other hand, is the legal framework a squatter uses to claim ownership of a property. In order to do so, the squatter must meet a handful of criteria. These criteria include but are not limited to the following:
For squatters to qualify for adverse possession, the following criteria must also exist:
Trespassing means entering a property without the legal owner’s permission. Squatting is similar, except it involves a continuous stay and is often done to claim ownership through adverse possession.
The penalty for trespassing includes jail time and/or fines and does not necessitate an eviction. Squatting rarely results in such penalties, with the worst penalty often being forceful removal by the authorities if the party refuses to leave the premises.
Landlords in Colorado need to understand these legal differences and implications. That way, you know what steps to take if you ever do encounter someone trespassing or squatting on your property. When it comes to squatter rights, Colorado makes its position firm, and it has a straightforward process for handling squatting.
Squatters rights in Colorado laws state that squatters have the legal right to claim adverse possession if they meet certain criteria, which is rare. Property owners cannot remove a squatter from a property and must provide a Verified Motion for Order to Remove Unauthorized Persons to remove the squatter.
All landlords have to do is sign a Verified Motion and file it with the court to show ownership and demonstrate that the squatter does not have the legal right to the property. (Note: There could be legal issues if the squatter ends up having evidence of adverse possession.)
In short, it is vital to understand Colorado’s state laws regarding squatters to know what you’re allowed to do as a landlord or as a tenant.
Squatters can legally claim property ownership in Colorado by doing the following:
If the court grants adverse possession, the squatter will be allowed to stay. However, if they don’t, the squatter will be given a time frame to gather their belongings and vacate the premises.
According to squatter rights in Denver and other cities throughout Colorado, if they remain after that period, the sheriff’s department will remove them.
There are two ways to evict squatters in Colorado:
The process of evicting squatters in Colorado works like this:
Take a look at our Colorado landlord-tenant law resources and the associated services toward the bottom of that page. If you’re looking for a legal advisor in Colorado, visit the Colorado Bar Association online and search for a licensed attorney in your city specializing in property law.
You can also contact our trusted partner, EZ Evict USA, if you need a done-for-you eviction service.
Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.
Here are some tips on how to avoid squatters in Colorado:
TurboTenant is the premier property management software trusted by over 650,000 independent landlords throughout the U.S. We provide tenant screening and background checks to help you find qualified tenants for your property. Keeping tenants in your property is the most effective way to prevent squatters from taking up residence.
In addition to conducting tenant screenings, there are multiple benefits of choosing TurboTenant for property management in Colorado. For instance, we offer all the necessary rental management tools in one easy-to-use software solution. That means you no longer have to use multiple services for listing properties, maintenance, and tenant screening.
We’re also partnered with EZ Evict USA, which can handle your eviction from beginning to end, if needed, while adhering to all squatters rights in Colorado laws.