Squatter situations can be a challenging issue for property owners in Colorado. squatters rights colorado —those who occupy property without legal rights or permission—can create complications when it comes to regaining control of your property. Understanding the legal avenues available to address such situations is critical for resolving the matter effectively and within the boundaries of the law.
This blog outlines the legal steps property owners can take to address squatter situations in Colorado, providing clarity on this often misunderstood issue.
What Does Colorado Law Say About Squatters?
Under Colorado law, squatters do not have the right to remain on a property they are occupying illegally. However, property owners must follow the proper legal procedures to remove them. While squatting itself is illegal, Colorado also recognizes adverse possession laws. This means a squatter may claim legal ownership if they meet specific criteria, such as openly occupying the property, doing so continuously for a statutory period, and paying property taxes during their occupation.
Step 1: Determine the Squatter’s Status
Before taking any action, property owners must confirm whether the individuals occupying their property are indeed squatters. It’s important to distinguish between squatters, tenants with an expired lease, or individuals overstaying a rental agreement. Each scenario requires a different legal approach, so confirming the individual’s status ensures that the next steps align with Colorado law.
Step 2: Draft and Serve a Written Notice
Once it’s clear that the individuals are squatters, property owners should start by drafting and serving a written notice to vacate the property. Colorado law requires property owners to notify squatters in writing that they do not have legal permission to occupy the property. Set a reasonable deadline in the notice for their departure. Providing this notice is a mandatory first step before proceeding with further legal actions.
Step 3: File an Unlawful Detainer Lawsuit
If squatters fail to vacate within the timeline provided in the notice, the next step is to file an unlawful detainer lawsuit in a local Colorado court. This lawsuit initiates the eviction process, allowing the court to evaluate the evidence and determine whether the squatters must vacate the property.
It is essential to ensure all documentation is in order before filing, including proof of ownership, the written notice, and any other relevant evidence. Colorado courts require proper paperwork to avoid delays or legal complications.
Step 4: Attend the Court Hearing
After filing the lawsuit, a court hearing will be scheduled. Both the property owner and the squatters will have the opportunity to present their case with supporting evidence. If the court rules in favor of the property owner, they will issue a court order directing the squatters to leave the property.
Step 5: Enforce the Eviction Order
If the squatters still refuse to leave after the court issues the eviction order, property owners can contact their local law enforcement to enforce the order. Law enforcement personnel will oversee the eviction process to ensure it is conducted lawfully and safely.
Avoiding Squatter Situations
While addressing squatters legally is possible, prevention is always the best approach. Property owners can take steps to avoid such situations by regularly inspecting vacant properties, securing buildings with proper locks or fencing, and ensuring that property boundaries are clearly marked. Acting promptly when you notice suspicious activity can also help reduce the risk of squatters settling on your property.