To evict a squatter in Colorado, you have to use the court’s forcible entry and detainer (FED) process: serve a written demand for possession, file a complaint in county court, get a judgment from a judge, and then have the sheriff execute a writ of restitution. Changing the locks, cutting utilities, or hauling belongings to the curb on your own is illegal, even when the person inside has no lease and no permission to be there. An uncontested case typically runs three to five weeks from the day you serve the initial demand.
Do Not Try to Remove the Squatter Yourself
Colorado law prohibits a property owner from forcing an occupant out without a court order. That includes shutting off heat, water, electricity, or gas, and removing doors, windows, or locks. An occupant who is locked out or cut off this way can sue for actual damages plus either three times the monthly rent or $5,000, whichever is higher, along with attorney fees, and a court can order you to let them back in.1Colorado Public Law. Colorado Revised Statutes 38-12-510 – Unlawful Removal or Exclusion Whatever your frustration level, the civil process is the only safe path.
Try the Police First If the Break-In Is Recent
Before you commit to a full eviction, consider whether law enforcement can handle it as criminal trespass. Under Colorado law, someone who knowingly and unlawfully enters or remains in another person’s dwelling commits first-degree criminal trespass. If the dwelling is occupied or inhabited, it is a class 6 felony; otherwise it is a class 1 misdemeanor.2Justia. Colorado Code 18-4-502 – First Degree Criminal Trespass
Officers are most likely to act when the entry is recent and clearly unauthorized: broken locks, no belongings inside, no plausible claim of residency. Call the police, document the scene with photos, and get a report.
Once a squatter has been in place for a couple of weeks or longer, has mail arriving, furniture inside, or claims some agreement with someone, most officers will call it a civil matter and send you to court. File the police report anyway. It becomes useful evidence in the FED case. Nothing prevents you from pursuing both tracks at once.
Step 1: Serve a Written Demand for Possession
The eviction starts with a written demand. Colorado law requires it to identify the property, state the legal basis for your right to possession, set the date by which the occupant must leave, and be signed by you, your agent, or your attorney.3Justia. Colorado Code 13-40-106 – Written Demand
For someone who entered vacant property with no right or title, your legal ground is Colorado Revised Statutes 13-40-104(1)(a).4Justia. Colorado Code 13-40-104 – Unlawful Detention Defined The statute does not fix a waiting period for this situation the way it does for tenants who violated a lease, so you set the deadline in the demand itself. Keep it reasonable; a judge who thinks the notice was too short can send you back to start over.
Hand the demand to the squatter directly whenever you can. If genuine attempts at personal contact fail, post a copy in a visible spot on the property. Keep detailed notes on how and when you served it. Without proof of service, the court may make you begin again.
Step 2: File a Forcible Entry and Detainer Complaint
If the squatter does not leave by your deadline, file a Complaint in Forcible Entry and Detainer (Form JDF 99) in the county court where the property is located.5Judicial Legal Help Center. Summons and Complaint The complaint describes the property, explains that the occupant is there without right, and asks for a judgment of possession. You can also ask for money damages in the same complaint if the property has been harmed.
Colorado charges no filing fee for eviction cases in county court.6Colorado Judicial Branch. List of Fees File a Summons (CRCCP Form 1A) with the complaint.7Colorado Judicial Branch. CRCCP Form 1A – Court Summons The court date has to fall between 7 and 14 days after the summons is issued.8Justia. Colorado Code 13-40-111 – Summons
The summons and complaint must be served on the squatter, usually by the county sheriff or a private process server, at least seven days before the hearing. If personal service fails after diligent efforts, you can post the papers at the property and mail copies. One tradeoff to know: if you rely on posting rather than personal service, the court can grant you possession but cannot award money damages.9Colorado Judicial Branch. Guide to Residential Evictions
Step 3: The Court Hearing
Bring your evidence to the hearing: proof of ownership, documentation showing the person is occupying without permission, the written demand, proof of service, photos, and any police reports. If the squatter does not show up, ask for a default judgment for possession.
If the squatter appears and files an answer contesting the case, the court sets a trial 7 to 10 days after the answer is filed unless either side shows good cause for a longer delay.10Justia. Colorado Code 13-40-113 – Trial Someone who entered without permission has little to argue about, so contested hearings in squatter cases tend to be short. A ruling in your favor produces a judgment for possession.
Step 4: Get a Writ of Restitution and Let the Sheriff Remove Them
A judgment does not authorize you to walk in and start moving belongings. You need a Writ of Restitution (Form JDF 109), which the court cannot issue until at least 48 hours after the judgment is entered.11Colorado Judicial Branch. Writ of Restitution (Eviction)12FindLaw. Colorado Code 13-40-122 – Writ of Restitution
One exception can stretch that wait. If the occupant receives Supplemental Security Income, Social Security Disability Insurance, or cash assistance through Colorado Works, the writ generally cannot be executed for 30 days after judgment. That extended delay does not apply if the case involved a substantial lease violation, or if the landlord owns five or fewer single-family rental homes with no more than five total rental units.12FindLaw. Colorado Code 13-40-122 – Writ of Restitution
Once you have the writ, deliver it to the county sheriff. The sheriff posts it at the property and schedules the physical removal, which has to happen during daytime hours. Sheriffs charge fees for executing the writ; the amount varies by county but typically runs a couple of hundred dollars for service and execution combined.
What It Costs and How Long It Takes
There is no court filing fee for the eviction itself.6Colorado Judicial Branch. List of Fees Your out-of-pocket costs are process server fees if you skip the sheriff for service, sheriff fees for executing the writ, and attorney fees if you hire one. An uncontested squatter eviction handled by an attorney typically runs $600 to $2,000 in professional fees, depending on complexity.
Timeline for an uncontested case, roughly:
- Serve the written demand and give a short window to comply.
- File the complaint after noncompliance; the court date is 7 to 14 days out.
- Get the judgment at the hearing.
- Wait at least 48 hours, then obtain the writ of restitution.
- Coordinate with the sheriff for the physical removal.
Start to finish, three to five weeks is a realistic range for an uncontested case. Contested matters take longer, though the FED procedure is built to move faster than an ordinary civil lawsuit.
What About “Squatters’ Rights”?
Adverse possession in Colorado requires 18 years of continuous occupation, so it is not a defense a squatter can raise against your eviction. Even after that period, the claimant has to prove open, continuous, exclusive occupation without the owner’s permission, by clear and convincing evidence. For claims vesting after July 1, 2008, they also have to show a good-faith, reasonable belief they were the actual owner of the property.13Justia. Colorado Code 38-41-101 – Limitation of Eighteen Years Someone who knows they broke in cannot satisfy that. Regular inspections and prompt action against unauthorized occupants eliminate the risk entirely.
Secure the Property the Day the Eviction Finishes
A property that sat vacant long enough to attract one squatter will attract another. On the day of removal, rekey or replace every exterior lock, including side doors, garage entry, and any padlocked outbuildings. Repair whatever entry point was breached; broken windows and damaged doors are the first thing the next intruder looks for.
For anything that will stay vacant, add layers: security cameras, motion-activated lighting, and a monitored alarm. Have someone lay eyes on the property regularly. A neighbor willing to check in, or a property manager on a small monthly retainer, costs far less than another round of court filings, sheriff fees, and weeks of waiting.