Squatters’ rights and adverse possession in Colorado can often catch landlords off guard. Imagine someone occupying a vacant Denver rental, replacing the locks, and claiming residency. While that’s stressful enough already, the squatter may even attempt to claim ownership of the property if they stay long enough.
In this article, we’ll explore how Colorado defines squatters, what adverse possession means, and the steps landlords can take to protect their rentals. Keep reading to find out what you should know about squatters in the Centennial State.
What is a squatter?
A squatter occupies a property without the owner’s permission and never signs a valid lease agreement. Squatters target vacant properties, pay no rent, and may claim the right to stay despite their unauthorized presence, creating significant issues for landlords.
Picture a vacant Pueblo home where someone enters through a broken window, moves furniture inside, and changes the locks. The occupant has not paid rent, obtained permission, or signed a lease, all of which constitute squatting under Colorado law.
Key Differences Between Squatters and Trespassers
Understanding the difference between squatters vs. trespassers helps landlords choose the correct response and avoid costly mistakes.
Squatters
- Settle into a property and continue living there without the owner’s consent or a lease agreement
- Try to establish occupancy or ownership rights
- Require landlords to follow a formal eviction process instead of a quick removal
Trespassers
- Enter a property without permission, but usually leave after a short time
- Do not typically attempt to claim ownership or the right to stay
- Law enforcement can generally remove them right away
In other words, squatters occupy a property long enough to gain certain rights, while trespassers only enter briefly and face immediate removal. Each situation creates very different risks and response timelines for landlords.
What are squatters’ rights?
Squatters’ rights in Colorado refer to the limited legal protections that apply when someone occupies property without permission and attempts to claim adverse possession of it. These laws don’t grant the squatter instant ownership of a property, but they do complicate the removal process for landlords.
In Colorado, squatters’ rights require landlords to file a formal eviction rather than rely on police to remove them. The longer the landlord waits, the stronger the squatter’s position becomes (not to mention issues such as lost rent or potential property damage).
Can a squatter actually claim legal rights to a property?
Even though the idea seems unfathomable, squatters can claim legal rights to property in Colorado under certain circumstances. The process requires years of continuous occupancy and strict proof, though, so landlords who frequently inspect their vacant properties and act quickly can stop claims before they start.
Adverse Possession Laws in Colorado
Adverse possession in Colorado provides a legal path for a squatter to obtain ownership of a property. First, though, the squatter must meet the following conditions:
Actual: The squatter must physically use the property as an owner would, live there full-time, maintain the property, and store belongings on-site.
Open and notorious: The squatter must occupy the property in a manner that is obvious enough for a reasonable owner to notice.
Hostile: The squatter must occupy the property without the owner’s permission and cannot have a lease agreement or consent to remain on the property.
Exclusive: The squatter must control the property alone and cannot share it with the original owner or other squatters.
Uninterrupted: The squatter must occupy the property continuously for 18 years, or 7 years if they also hold color of title and pay property taxes.
Supporting law: C.R.S. 38-41-101, 38-41-108
Occupancy Time Requirements for Adverse Possession
Adverse possession in Colorado requires a squatter to occupy a property continuously for 18 years, or 7 years with color of title and property tax payments. Any break in possession resets the clock, so an eviction or abandonment prevents squatters from fulfilling this condition.
For instance, if someone squats in an Aurora home for 2 years before leaving for an extended period, their stay does not meet Colorado’s timeline requirement. As such, the squatter cannot successfully claim adverse possession of the property.
Supporting law: C.R.S. 38-41-101, 38-41-108
Does the squatter need to have a color of title to claim adverse possession?
Color of title refers to a document that appears to transfer ownership but contains a legal defect. For example, a squatter might receive a faulty deed after “buying” a Denver property from someone who never actually held a valid title to the land.
Though Colorado squatters can technically claim adverse possession without color of title, holding this document strengthens their claim and shortens the timeline to 7 years, provided they also make property tax payments. Otherwise, squatters must fulfill the entire 18-year occupancy time requirement in Colorado.
Supporting law: C.R.S. 38-41-101, 38-41-108
Does the squatter have to pay property taxes for adverse possession in Colorado?
In many states, squatters must pay property taxes to support an adverse possession claim. Colorado, however, does not strictly require squatters to pay property taxes to claim adverse possession.
In Colorado, paying property taxes can shorten the adverse possession period from 18 years to 7 years, but only when the squatter also holds color of title. Owners who stay current on tax payments can protect their properties against ownership disputes and liens.
Supporting law: C.R.S. 38-41-101, 38-41-108
How to Legally Remove Squatters from Your Property
Colorado landlords who discover squatters on their properties must act swiftly and comply with all legal requirements to remove these unauthorized occupants. Here’s what you should know:
Step 1: Attempt to Convince The Squatter to Leave Willingly
Start by speaking directly to the squatter if it is safe to do so. You could offer a cash-for-keys agreement, negotiate a move-out date, or provide relocation assistance to encourage the squatter to leave voluntarily. You may be able to avoid a costly, drawn-out eviction this way.
Important: Never attempt to remove a squatter yourself. This is known as self-help eviction, a practice that’s illegal nationwide and can lead to fines, civil penalties, or a failed eviction.
Step 2: Get in Touch With Local Law Enforcement
Call local law enforcement and request that officers visit the property to speak with the occupant. Police may treat the situation as criminal trespass rather than squatting, in which case they can remove the trespasser immediately without court involvement.
Step 3: Serve the Squatter a Demand for Compliance or Right to Possession
If the police are unable to remove the squatter legally, you’ll have to start an eviction. First, serve a Notice to Quit, which typically gives the squatter 3 days to leave the property of their own accord before you begin a Forcible Entry and Detainer case.
Step 4: File a Forcible Entry and Detainer Complaint Against the Squatter
File a Forcible Entry and Detainer complaint if the notice period has passed and the squatter remains. You’ll submit the case in the county court where your rental property sits, starting the Colorado eviction process and setting a court date for a hearing.
Step 5: Present Your Case in Front of a Judge
Bring clear evidence of squatting to strengthen your case before the judge. Strong documentation, such as the following items, can prove your rightful ownership and the squatter’s unlawful residence:
- Property deeds or county records in your name
- Photos or videos showing the squatter’s unauthorized occupancy
- Utility bills or mail delivered to the squatter
- Proof of past attempts to communicate with the squatter
The squatter will present their case as well. They may bring color of title, property tax payment records, or other proof of long-term occupancy. The judge will review both sides closely, so make sure you bring plenty of evidence to defeat the squatters’ claims.
Step 6: Obtain a Writ of Restitution, Authorizing Removal of the Squatter
If the judge decides to grant ownership to you, the court will enter a Judgment for Possession. After that, you can ask the county clerk for a Writ of Restitution, which authorizes the county sheriff to restore rightful possession of the property to you.
Colorado courts will issue the writ at least 48 hours after judgment, and the sheriff generally cannot execute the writ until at least 10 days after judgment. The sheriff handles posting and returns proof of service, and the squatter may still request a stay or file an appeal during this time.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With a Writ of Restitution in hand, law enforcement has the authority to remove squatters from your property physically. The sheriff will then conduct the eviction and remove the squatter. If the squatter abandons any belongings, you must store them for at least 15 days and give notice before disposal.
After the squatter departs, secure the property immediately by changing locks, posting No Trespassing notices, and scheduling regular inspections to reduce the risk of future squatters.
Tips for Preventing Squatters from Occupying Your Property
You can stop squatters before they move in by staying proactive and keeping a close watch on your rental units. Here’s what you should keep in mind:
Inspect the property regularly: Schedule routine walkthroughs of vacant rentals to spot unauthorized entry early. Frequent checks help landlords respond before squatters can establish occupancy.
Install security cameras: Place visible cameras at doors, driveways, and other entry points to deter squatters. Recorded footage also creates proof of unauthorized occupancy.
Act quickly against trespassers: Respond immediately if someone enters your property without permission. Delays can slow an eviction case, strengthen a squatter’s position, and lead to lost rental income.
Secure all entry points: Lock all doors and windows, reinforce any weak access points, and board other openings if needed. Squatters often target Colorado properties with damaged or no locks.
Maintain the property: Keep lawns trimmed, clear snow from driveways, and keep all exterior and interior functions in working order. A well-maintained rental shows signs of active ownership and discourages squatters from settling in.
Fill vacancies quickly: Empty rentals provide a tempting target for squatters. Use digital tools to advertise your rental property, attract qualified tenants, and reduce the risk of squatters.
Screen future tenants thoroughly: When renting to a new person, landlords should always check a tenant’s background, criminal, credit, and eviction history to avoid potential issues. Use trusted tools to screen tenants and protect your property in the long term.
With these steps in mind, let’s move on to a few final tips to prevent squatting situations.
Digital Tools to Help Landlords Thwart Squatters
Property owners can easily navigate squatters’ rights and adverse possession in Colorado with the right tools, strong preparation, and fast action if problems arise.
Property management software like TurboTenant helps landlords track vacancies, document activity, and respond quickly to unauthorized occupancy problems.
Create your free account today and protect your rentals using tools designed for landlords.
FAQs: Squatters’ Rights & Adverse Possession Laws in Colorado
How long does it take a squatter to claim property rights in Colorado?
In Colorado, a squatter must occupy a property openly, exclusively, and continuously for 18 years to pursue adverse possession. The squatter can shorten the timeline to 7 years by holding color of title and paying all required property taxes.
Can landlords remove squatters legally without taking legal action?
No, Colorado landlords cannot remove squatters without taking legal action. Police often treat these cases as civil disputes, and landlords must typically file a Forcible Entry and Detainer case in county court and obtain a Writ of Restitution.
What’s the difference between a squatter and a holdover tenant?
A squatter enters a property and stays without permission, never signing a lease. A holdover tenant once held a valid lease but continues to occupy after it expires. Colorado law applies typical landlord-tenant rules to holdover tenants, while squatters require civil eviction.
Can a landlord turn off power or change locks to remove a squatter?
No, because Colorado law bans all forms of self-help eviction. Landlords cannot shut off utilities, change locks, or remove squatters’ belongings to force them to leave. These actions are illegal and may lead to fines, damages, or even dismissal of the eviction case.