Updated Sept 2026
If you’re a landlord who has recently discovered unknown tenants living in one of your properties, you’re probably wondering what to do next.
Is this trespassing? Can you simply kick them out?
The answer isn’t very simple, assuming these unexpected occupants are squatters.
We tend to think of squatters in basic, colloquial terms: people who have moved into a property they don’t own or rent and live there without permission. You’ve probably also heard the term “squatters rights,” and this is a real legal term.
Our goal is to provide landlords with the latest information about landlord laws and tenant rights. Now, we’re going to talk about squatting laws in Colorado and how they may pertain to you.
What Is a Squatter?
It’s easy to assume that anyone who has gained access to your property without your knowledge would be considered a trespasser. If this were the case, you could call the police and have them removed, and possibly charged, almost immediately.
A squatter, however, is someone who has occupied a property for a set period, often several consecutive years, and in some fashion claims ownership of that property. This typically happens without the knowledge of the property’s rightful owner.
The definition of a squatter and the rights squatters possess differ when talking about undeveloped land, as opposed to an abandoned house, condo, or apartment. This article focuses on the rights squatters may have if they’ve taken over a residential property.
What Are Squatter Rights in Colorado?
“Squatters rights” is, in fact, a legal term, more accurately known as adverse possession. Adverse possession refers to the legal process by which a squatter can eventually obtain legal ownership rights to the property they’ve occupied.
Here’s the important part for Colorado landlords: this is genuinely hard to pull off. Colorado requires a squatter to prove open, continuous, exclusive, and hostile possession of a property for 18 years, one of the longest timelines in the country, before they can even attempt an adverse possession claim. There’s a narrower exception that shortens the timeline to 7 years, but only if the squatter holds “color of title” (a document that appears to grant ownership but contains a legal defect) and has paid all property taxes on the property throughout that period.
In practice, that means the vast majority of squatter situations a landlord runs into never come close to qualifying for adverse possession. Most squatters are removed long before anything close to that timeline plays out. Still, squatters are entitled to formal legal process before removal, they can’t simply be forced out the way a trespasser can.
Squatters vs. Trespassers: Why the Difference Matters
Whether you’re dealing with a squatter or a trespasser, change how quickly you can act. A trespasser has typically only occupied the property briefly, days or weeks, without establishing ongoing residence, and law enforcement can generally remove them right away.
A squatter has settled in for a longer stretch and behaves as though they live there. Once that’s the case, Colorado law requires you to go through the formal legal process rather than removing them yourself, even if you’re confident, they have no legitimate claim to the property.
How to Remove Squatters Lawfully in Colorado
Forcing out a squatter without following the proper legal process isn’t all that different from forcing out a tenant who’s violating a lease, and it comes with the same risk of legal repercussions if you get it wrong. It’s best to consult an attorney, but here are the basic steps involved.
Step 1: Confirm You’re Dealing with a Squatter, not a Trespasser
If the unauthorized occupant has only been there a short time, or they’ve come and gone without establishing continuous residence, you’re likely dealing with a trespasser rather than a squatter. In that case, you can go straight to law enforcement.
Step 2: File Through the Court, Not on Your Own
Colorado requires property owners to remove squatters through the forcible entry and detainer (FED) process in county court, the same general framework used for evictions. You’ll file with the court, and the squatter will be formally served with the paperwork. Don’t attempt to handle this yourself by changing locks, shutting off utilities, or removing belongings. Self-help removal is illegal in Colorado, no matter how confident you are in your case.
Step 3: Let the Sheriff Handle Physical Removal
If the court rules in your favor, you’ll receive a Writ of Restitution. Only the county sheriff can physically remove a squatter from the property, not you, and not a private security company. Acting outside this process can expose you to real legal liability, even against someone with no legitimate claim to your property.
Step 4: Act Quickly Once You Know
The moment you become aware of squatters, especially if they know you’ve noticed, it’s worth moving quickly. The adverse possession clock only matters if a claim ever gets that far, and starting the legal removal process promptly protects you regardless.
Protect Your Properties Before Squatters Move In
Squatters’ rights often surprise newer landlords, but in Colorado, the bar for an actual ownership claim is high. The best way to avoid dealing with squatters in the first place is to keep an eye on all your properties, including any that are currently vacant. Regular check-ins secured entry points, and prompt action at the first sign of unauthorized occupancy go a long way toward preventing the situation from escalating.
If you do find yourself facing squatters, make sure you follow Colorado’s legal process every step of the way, and don’t hesitate to bring in a property manager or attorney to help you navigate it correctly.
