How to Evict a Squatter in Denver Colorado

Learn about squatters rights and how to evict a squatter in Colorado

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How to Evict a Squatter in Denver, Colorado

Are you dealing with a squatter in your property?

Dealing with squatters on your property in Denver Colorado can be a stressful and complicated situation. Understanding the laws and following proper procedures are essential to ensuring a smooth eviction process. It’s not fair when illegal squatters take over your home. Here’s a step-by-step guide to help you evict a squatter in Denver, Colorado.

What is a Squatter in Colorado?

A squatter is someone who occupies property without the owner’s permission and without a legal right to be there. Squatters often enter vacant or abandoned properties, but they can also overstay their welcome after a lease has expired.  Squatters gain access to a property in many ways such as:

Vacant Homes:

An example might be a squatter notices a house in foreclosure sitting vacant in a suburban neighborhood in Aurora. They break in through a back door and settle in.

Rental Imposter:

An example might include a squatter targeting a short-term vacation rental in Estes Park Colorado. They book the home for a week through a rental platform and refuse to leave after their reservation ends.

Rural Land Camper:

An example might be In a remote area near Durango, a squatter sets up a small campsite on privately owned land, believing it to be unoccupied. They build a makeshift cabin, use natural resources, and live there for months without the landowner noticing.

Squatter House In Denver Colorado

Step-by-Step Guide to Evicting a Squatter in Colorado

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Step 1: Confirm Squatter Status

Before taking action, it’s essential to confirm that the individual occupying your property is indeed a squatter. If they have a lease agreement or rental arrangement—even if expired—they may have tenant rights that require a formal eviction process.

Step 2: Contact Law Enforcement

If the squatter has no legal claim or evidence of tenancy, contact local law enforcement. Provide documentation proving ownership of the property, such as a title deed or tax statement. In some cases, officers may remove the individual if they determine they are trespassing. However, if the squatter asserts tenant rights or residency, you’ll need to pursue a legal eviction.

Step 3: Serve a Notice to Quit

Under Colorado law, you are required to serve the squatter with a "Notice to Quit." This document informs the individual that they must vacate the property within a specified timeframe. In most cases, the notice period is three days.

Step 4: File an Unlawful Detainer Lawsuit

If the squatter does not leave after the notice period expires, you must file an Unlawful Detainer lawsuit in the local county court. This initiates the formal eviction process.

Step 5: Attend the Court Hearing

At the hearing, present all evidence supporting your claim to the property, including: Property deeds and tax records, photos or videos of the squatter occupying the property and documentation of the served Notice to Quit.

Step 6: Enforce the Eviction of Squatter

Once you receive the Writ of Restitution, contact the local sheriff’s office to schedule the physical eviction. Only law enforcement officials are permitted to carry out the eviction. Attempting to remove the squatter yourself could result in legal consequences.

Step 7: Secure the Property

After the squatter has been removed, take proactive steps to secure your property.

How Selling a House with a Squatter Works:

Selling your Squatter House in Colorado is easier than you might think. Here's how our process works:

step 1

Contact Us

Start by completing the inquiry form above or reaching out to us via call or text. The more information you provide, the better we can assess your situation and make a fair offer.

step 2

Get a Cash Offer

Once we’ve reviewed your information, we’ll reach out to schedule a quick property evaluation. After our assessment, we’ll provide you with a no-obligation cash offer. You’re under no pressure to accept—we give you the time and space to make the best decision for you.

step 3

Close the Deal

If you decide to accept our offer, we’ll handle all the necessary paperwork and logistics. We strive to make the closing process as seamless as possible, ensuring you can sell a squatter house quickly in Colorado and you receive your payment quickly and without any headaches.

What is Adverse Possession in Colorado?

In rare cases, squatters can claim ownership of a property through adverse possession. Adverse possession in Colorado is a legal way for someone to claim ownership of someone else’s property if they’ve been using it for a long time without permission. In Colorado, this process is possible but comes with strict rules.

How Adverse Possession Works in Colorado

If a person openly uses or lives on a piece of land for 18 years without the owner stopping them, they might be able to claim ownership through adverse possession. Here’s what needs to happen during those 18 years:

Open and Visible

The person must use the property in a way that is obvious, like building a fence, planting crops, or living there. It can’t be hidden.

Exclusive Use:

They must be the only one using that property—no sharing with the original owner.

Hostile:

This doesn’t mean being aggressive! It just means they’re using the property without the owner’s permission.

Continuous Use:

The use must be consistent for the entire 18 years. They can’t leave and come back later.

Keep these tips in mind to handle negotiations confidently and get the best deal for your property. Adverse possession cases often end up in court, and it can be hard to prove the rules were followed. Property owners can stay protected by watching over their land and stopping any unauthorized use right away.

Colorado 7-Year Rule

Colorado also has a 7-year rule if the person has a legal reason to believe the land is theirs, like an incorrect deed. In this case, they must pay property taxes during those seven years.

Example:

Imagine someone builds a garden and fence on part of their neighbor’s yard, thinking it’s their property. If the neighbor doesn’t stop them for 18 years, the gardener might legally claim that part of the yard.However, crafting a legally sound contract can be complex. Many sellers opt to enlist the expertise of a real estate attorney to draft or review the contract. This helps ensure all legal bases are covered and that the agreement is thorough and binding.

Understanding Colorado Squatter's Rights

Navigating the complex realm of squatter’s rights in Colorado can be daunting. Squatters engage in occupying property without legal permission, and understanding their rights, as well as your own, is crucial if you find yourself in such a situation.

Navigating the complex realm of squatter’s rights in Colorado can be daunting. Squatters engage in occupying property without legal permission, and understanding their rights, as well as your own, is crucial if you find yourself in such a situation.

Colorado’s Squatting Laws and Key Point

  1. No Legal Lease: If a squatter resides on your property without a legitimate lease or rental agreement, they qualify as unauthorized occupants.

  2. Prohibited Trespassing: Entering the property through illegal means such as breaking and entering disqualifies squatters from claiming any rights.

  3. Eviction Process: Property owners are typically required to provide a formal 90-day notice to vacate the premises. However, exceptions allow for faster eviction processes, sometimes as swift as 72 hours, if certain legal conditions are met.

Fast-Track Eviction Options

When swift action is needed, consider consulting with legal experts familiar with Colorado property laws to ensure compliance with all applicable procedures. It’s vital to follow all legal steps to avoid potential complications.

Legal Assistance and Resources

Seek legal guidance to navigate these issues effectively. Understanding and utilizing professional advice can provide protection against unlawful occupation and ensure a fair resolution.

Balancing property rights and understanding legal frameworks will equip you to manage squatters effectively in Colorado in 2024.

Understand Landlord Rights With Squatters

Navigating the complexities of dealing with squatters requires Colorado landlords to be well-versed in their legal rights and obligations.

Landlord Rights with Squatters in Colorado

  1. Initiate a Removal Request: The first course of action a landlord can take is to formally request the squatter to leave the property. This serves as both a preliminary measure and a record of the landlord’s intent to resolve the issue.

  2. Pursue Legal Measures
    Should a squatter refuse to vacate, the next step involves legal intervention. Landlords may file a Verified Motion for an Order to Remove Unauthorized Persons with the court, a formal request for the judiciary to mandate the squatter’s removal.

  3. Compile Evidence
    Gathering clear evidence is paramount. Landlords should document proof that the squatter has no legitimate claim to the property. This may include photographic evidence or documentation showing the squatter’s lack of ongoing residence or property tax payment.

Landlord Rights Responsibilities with Squatters in Colorado

  1. Abide by Legal Procedures
    Landlords must strictly follow legal eviction processes. Attempting to remove squatters forcibly or without judicial approval is not only illegal—it can also lead to significant legal repercussions.

  2. Correct Identification
    Distinguishing squatters from tenants is crucial. A tenant typically has a formal rental agreement with the landlord, whereas squatters do not have any legal arrangements with the property owner, making this distinction necessary to address each situation appropriately.

By understanding these rights and responsibilities, landlords can manage squatting issues more effectively while ensuring their actions comply with Colorado state laws.

Legalities of Evicting Squatters in Colorado

Colorado’s laws regarding squatters and evictions are strict, and failing to follow the correct procedures can result in delays or even legal penalties. Keep the following in mind:

  • Avoid Self-Help Evictions: Do not attempt to forcibly remove the squatter, change the locks, or shut off utilities. These actions are illegal and can expose you to liability.

  • Consult an Attorney: A real estate attorney can help you navigate complex legal issues, especially if the squatter disputes your claim or files a counterclaim.

  • Document Everything: Keep detailed records of all notices, communications, and court filings. Proper documentation can strengthen your case if disputes arise.

Squatter Resources for Property Owners in Colorado

Squatters are individuals who occupy a property without permission, and in Colorado, they can sometimes use legal loopholes like adverse possession to claim rights to the property. Here are practical steps to protect your home from squatters:

Denver County Court:

The Denver County Clerk’s office is a good place to start. They can confirm your ownership records and check for fake filings like fraudulent deeds. They’ll also help you gather the documents needed to take legal action if necessary.

Colorado Housing Concepts:

Offers free guidance on handling squatters. They can explain your rights, connect you with legal aid, and help you navigate the eviction process. Their experts make it easier to understand the steps involved.

Local Real Estate Attorneys:

An attorney is essential if you need legal advice. Colorado’s laws about squatters and adverse possession are complex, but an attorney can handle evictions, represent you in court, and help secure your property to prevent future issues.

Eviction Notice


How to Protect Your Home From Squatters

1. Secure Your Property

  • Lock Doors and Windows: Ensure all entry points, including garages and basements, are locked.
  • Install Security Systems: Use cameras, alarms, and motion-activated lights to deter trespassers and monitor activity.
  • Post No Trespassing Signs: Clearly mark your property boundaries with visible signage.

2. Inspect Your Property Regularly

  • Visit Often: If your home is vacant, check on it regularly or hire someone to do so.
  • Look for Signs of Trespassing: Watch for changes like broken windows, lights on, or items left on the property.

3. Maintain the Appearance of Occupancy

  • Keep It Well-Maintained: Mow the lawn, collect mail, and remove flyers or newspapers.
  • Use Timers for Lights: In a vacant home, set lights to turn on and off to make it look occupied.

4. Take Immediate Action

  • Call Authorities: If someone is trespassing, contact local law enforcement to remove them before they claim residency.
  • Serve a Notice: If squatters have moved in, serve them with an eviction notice to begin the legal process.

5. Understand the Laws

  • In Colorado, squatters must meet strict criteria, like occupying the property openly for 18 years, to claim adverse possession. Knowing these rules can help you act swiftly to prevent long-term claims.

6. Enlist Professional Help to Evict a Squatter

  • Hire a Property Manager: They can oversee your property and handle issues while you’re away.
  • Consult a Lawyer: If squatters are present, a real estate attorney can guide you through eviction and protect your rights.

By staying proactive, you can reduce the risk of squatters taking over your property and ensure your home remains safe and secure.

Key Mistakes to Avoid When Selling a Squatter House

Venturing into selling a squatter house in Colorado? It’s crucial to dodge common pitfalls to ensure a successful sale.

1. Not Understanding the Complexities of Selling a House with Squatter

Selling a house with squatters can be incredibly challenging, as it often involves navigating legal complexities, eviction processes, and potential damage to the property. Without understanding these intricacies, homeowners risk delays, reduced property value, and costly legal disputes.

2. Setting the Wrong Price

Setting the wrong price for a house with squatters in Colorado can lead to significant financial loss, as potential buyers may factor in the cost of eviction and property repairs. Overpricing or underpricing the home can deter buyers or leave the seller with less than the property's true value.

3. Not Disclosing the Squatter Situation

Not disclosing your full knowledge of the squatter situation when selling a house in Colorado can lead to legal issues and potential lawsuits from the buyer. Full transparency about the property's condition and any ongoing squatter-related issues is essential to avoid breaching trust and facing financial or legal consequences.

4. Not Talking to Right Kind of Buyers for Squatter Houses

Not talking to the right kind of buyers for a squatter house can result in wasted time and missed opportunities, as traditional buyers may be unwilling to deal with the complexities of eviction and repairs. Targeting investors or buyers experienced in handling distressed properties can ensure a smoother transaction and a better outcome for the seller.

5. Not Starting the Legal Process Soon Enough

Not starting the legal process soon enough when dealing with squatters can lead to prolonged occupation and the potential for legal complications, making it harder to regain control of the property. The longer the squatters remain, the more difficult and costly it can become to resolve the situation and sell the home.

By steering clear of these common missteps, you’ll pave the way for a smoother, more successful home-selling experience.

How We Can Help Simplify the Squatter Process

Feeling overwhelmed by a squatter at your property? We offer an alternative that’s just as simple and even quicker:

Quick Cash Offers:

Skip the marketing and showings. We can give you a cash offer for your squatter house in Denver within 24 hours and close in as little as 7 days.

No Repairs or Staging Needed:

We buy squatter homes in any condition, so you don’t have to worry about fixing up the property or hiring a photographer.

No Fees or Commissions:

Unlike selling through an agent, you won’t pay any commissions or closing costs when we buy your squatter house.

If you’re seeking a stress-free solution to sell a home with squatters, we offer a streamlined process that saves you both time and hassle, all while ensuring you receive a fair and competitive price.

Explore Other Services

In addition to buying squatter homes in Colorado, we also specialize in other types of property sales:

Frequently Asked Questions (FAQ)

To price a squatter home correctly in Colorado, consider repair costs, eviction expenses, and legal fees, while adjusting for the property’s condition. Target investors by offering a price that reflects these challenges, and consult a professional to ensure a fair and competitive valuee

Yes, you can sell a squatter property directly without a real estate agent, but you’ll need to navigate the legal process of eviction and ensure the sale is properly handled. Working with an attorney or experienced investor can help simplify the process and ensure a smooth transaction.

Yes, hiring a lawyer is recommended if you have a squatter house, as they can guide you through the eviction process and help resolve any legal issues. A lawyer ensures you follow the correct steps to protect your property rights and avoid complications during the sale.

The biggest challenge of selling a squatter house is dealing with the eviction process and the legal complexities, which can delay the sale and reduce the property’s appeal to traditional buyers. This often requires significant time, effort, and costs before the property can be sold.

Yes, we can buy your squatter house directly, handling the eviction process and any necessary repairs. Our team specializes in quick, hassle-free transactions, ensuring you get a fair offer and a smooth sale.

Ready to Sell a Squatter House in Denver?

Selling a squatter house on your own requires time and effort. Whether you’re ready to take on the challenge or need a quick and easy alternative, we’re here to help. Contact us today for a free, no-obligation cash offer and discover how simple selling your home can be—whether you choose FSBO or want a fast, hassle-free sale.

About New Era Home Buyers

New Era Home Buyers is a local Colorado cash home buyer in Denver with over twenty years of experience buying homes direct. If you’re looking for a trusted company to buy your for sale by owner in Colorado home directly, you’ve found the right Denver home buyers. We specialize in helping homeowners who need to sell their homes fast and get quick cash. Brett’s real estate expertise and advice have been featured in top outlets like Yahoo Finance, AOL.com, GoBankingRates, MSN, Homes & Gardens, Bob Vila, realtor.com and Nasdaq.com.

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