Detailed Answer
Short version: In Colorado, an unauthorized person living in your property is treated either as a criminal trespasser or a civil occupant depending on the facts. You generally cannot use self-help (changing locks or physically removing them) without risking liability. The usual remedies are (1) ask law enforcement to remove a criminal trespasser, (2) file a civil forcible entry and detainer (eviction/unlawful detainer) action, or (3) if the person meets narrow requirements and occupies long enough, they may try to acquire title by adverse possession. Work with a local attorney and, if applicable, title insurance, to protect a pending sale.
Who is a squatter versus a tenant or lawful occupant?
First determine the occupant’s status. A squatter is someone with no lease or permission. A squatter who was once a tenant may have rights if they have a written or oral lease. If a dispute exists over whether the occupant has a valid tenancy, treat the situation as a civil matter and proceed carefully.
Immediate steps to take
- Document occupancy: take dated photos, videos, and notes about when you discovered the occupant, how they entered, and any statements they made.
- Check local records: see if the occupant filed any paperwork (assessor, utilities, or court filings).
- Call non-emergency police if the occupant is clearly trespassing or is committing crimes; police may remove someone for criminal trespass in some circumstances. If police decline because it’s a civil dispute, proceed with the civil process below.
- Contact your title company and attorney if you have a pending sale. Title issues or encumbrances discovered before closing must be cleared for the sale to proceed.
Eviction / forcible entry and detainer (civil remedy)
If the occupant has no permission and is not removed by law enforcement, the owner should file a forcible entry and detainer (eviction) action in county court. Colorado courts handle unlawful detainer actions and provide forms and rules for how to proceed. After you file, the court will set a hearing. If you obtain a judgment for possession, the court issues an order (often followed by a writ of restitution) enabling the sheriff to physically remove the occupant and restore possession to the owner.
Eviction is generally the appropriate tool when you need relatively prompt removal. Timing varies by county and case complexity, but it is much faster than waiting for any adverse possession claim to mature.
For Colorado court information on eviction and self-help materials, see the Colorado Judicial Branch self-help pages: https://www.courts.state.co.us/Self_Help/Index.cfm.
Criminal remedies
If someone is unlawfully on your property and refuses to leave, law enforcement can sometimes arrest for criminal trespass. Whether police will act depends on local policies and whether the facts meet the elements of a criminal statute. If you suspect criminal activity or violent confrontation, call 911.
Adverse possession — when a squatter may try to get title
Adverse possession is a narrow doctrine that allows a person to acquire title only after meeting strict legal requirements (exclusive, continuous, open and notorious, hostile or under claim of right, for the statutory period). Colorado law sets those rules in the state statutes and case law. Adverse possession is not a quick path — the statutory time period in Colorado is lengthy; most owners can prevent adverse possession by acting promptly when an unauthorized occupant appears.
For the statutory framework and language, consult the Colorado Revised Statutes (Title 38, Property): https://leg.colorado.gov/statutes. If an occupant claims adverse possession, consult an attorney immediately.
When you’re selling the property
- If the property is under contract to sell, inform the buyer, your agent, and the title company right away. Title insurers and buyers typically require clear possession or a court order removing the occupant before closing.
- Buyers can refuse to close if possession is not delivered as required by the contract. The buyer may also insist on escrow remedies, price adjustments, or seller-driven removal prior to closing.
- If closing proceeds with occupant present, the buyer may inherit the problem and must pursue eviction or a title claim.
Practical timeline and expectations
Removal by police: immediate if conduct is criminal and officers choose to act. Eviction through court: usually weeks to a few months depending on county backlog and the occupant’s defenses. Adverse possession: requires continuous occupation for the statutory period (a long-term process, not an immediate risk if you act quickly).
When to get help
Contact an attorney if the occupant claims tenancy, asserts rights, or if you need to clear title before a sale. If you have title insurance, involve the insurer quickly — they may defend the title or negotiate to clear possession.
Disclaimer: This information is educational only and does not constitute legal advice. Laws change and each situation depends on its facts. Consult a licensed Colorado attorney to protect your rights and to get advice tailored to your situation.
Helpful Hints
- Do not use force or change locks to remove an occupant; that can create liability.
- Act quickly. Prompt documentation and early legal steps reduce risks, including adverse possession claims.
- Call police immediately for violent or clearly criminal activity, but expect civil court for most removals.
- If you’re mid-sale, notify the buyer, agent, attorney, and title company right away; closing often cannot proceed until possession issues are resolved.
- Keep careful records: dated photos, correspondence, notices to vacate, and any witness statements.
- Consider buying title insurance if you don’t already have it; it can protect buyers and lenders from unknown possession claims.
- If you see signs that someone is attempting to establish long-term possession (making improvements, listing utilities in their name, paying property taxes), consult an attorney immediately — those may be evidence used for an adverse possession claim.
- Use county resources: your county sheriff typically enforces writs of restitution after an eviction judgment; the Colorado Judicial Branch provides eviction forms and guidance online (https://www.courts.state.co.us/Self_Help/Index.cfm).