Squatters' Rights in Colorado
Colorado rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Colorado has a fast court process for removing an "unauthorized person": someone occupying a vacant or uninhabited home who never had any agreement with or consent from the owner, is not the owner's relative, never paid the owner anything, and was never given permission to be there. C.R.S. §§ 13-40.1-101, 13-40.1-102; § 13-40-104(1)(a)
The rules in Colorado
| Squatters / unauthorized occupants | Colorado has a fast court process for removing an "unauthorized person": someone occupying a vacant or uninhabited home who never had any agreement with or consent from the owner, is not the owner's relative, never paid the owner anything, and was never given permission to be there. The owner (or authorized agent) first demands that the occupants leave, then files a complaint and a sworn "Verified Motion for Order to Remove Unauthorized Persons" in county court. The motion must be served (in person or by posting) at least 24 hours before the hearing, and the court must hold the hearing by the next court day. If the court finds the occupants are unauthorized, it issues a temporary mandatory injunction and writ of restitution, and the sheriff must remove them within 24 hours of receiving the order and order them to stay off the property or face arrest for criminal trespass. Anyone who falsely swears on the motion can be sanctioned, held in contempt, or prosecuted for perjury or false swearing. If the motion is denied, the owner can still bring a regular eviction (forcible entry and detainer). Added by SB 18-015 ("Protecting Homeowners and Deployed Military Personnel Act"). Someone removed this way who knowingly damaged property may have committed criminal mischief (§ 13-40.1-102). Text read in the CRS 2024 printout. |
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| Belongings left behind | Colorado has no single statute on belongings a residential tenant leaves behind. After an eviction, the officer executing the writ of restitution removes the property. The landlord has no duty to store or inventory it, and is immune from liability if the landlord follows the officer's lawful directions. A landlord who chooses to store the property may charge reasonable storage costs and either let the tenant reclaim it after paying them or dispose of it under the landlord's lien. That lien covers unpaid rent on household goods left on the premises. It does not cover pets, small kitchen appliances, cooking utensils, beds, bedding, necessary clothing, personal or business records, or personal effects. Lien property is presumed abandoned if the owner has not contacted the landlord for at least 30 days. At least 15 days before selling or disposing of it, the landlord must send notice of the manner and date by registered or certified mail (return receipt, addressee only) to the owner's last-known address. If the notice comes back unclaimed, the landlord must publish it in a local newspaper. During an eviction, the officer must hand pets to the tenant or call animal control. Pets may not be left unattended. Lien and abandonment-notice text is in Title 38 (CRS 2024): https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-38.pdf . A landlord who removes a tenant's property outside the court process violates § 38-12-510 (unlawful removal). Under HB 25-1108 (effective Sept. 1, 2025), after a tenant dies the landlord may take possession without court order if the estate's personal representative surrenders the unit, or if 30 days after the death rent is unpaid or substantially all property has been removed (§ 38-12-801(3.5)(b)). |
Related questions
Colorado vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| Colorado | Colorado has a fast court process for removing an "unauthorized person": someone occupying a vacant or uninhabited home who never had any agreement with or consent from the owner, is not the owner's relative, never paid the owner anything, and was never given permission to be there. The owner (or authorized agent) first demands that the occupants leave, then files a complaint and a sworn "Verified Motion for Order to Remove Unauthorized Persons" in county court. The motion must be served (in person or by posting) at least 24 hours before the hearing, and the court must hold the hearing by the next court day. If the court finds the occupants are unauthorized, it issues a temporary mandatory injunction and writ of restitution, and the sheriff must remove them within 24 hours of receiving the order and order them to stay off the property or face arrest for criminal trespass. Anyone who falsely swears on the motion can be sanctioned, held in contempt, or prosecuted for perjury or false swearing. If the motion is denied, the owner can still bring a regular eviction (forcible entry and detainer). C.R.S. §§ 13-40.1-101, 13-40.1-102; § 13-40-104(1)(a) | Colorado has no single statute on belongings a residential tenant leaves behind. After an eviction, the officer executing the writ of restitution removes the property. The landlord has no duty to store or inventory it, and is immune from liability if the landlord follows the officer's lawful directions. A landlord who chooses to store the property may charge reasonable storage costs and either let the tenant reclaim it after paying them or dispose of it under the landlord's lien. That lien covers unpaid rent on household goods left on the premises. It does not cover pets, small kitchen appliances, cooking utensils, beds, bedding, necessary clothing, personal or business records, or personal effects. Lien property is presumed abandoned if the owner has not contacted the landlord for at least 30 days. At least 15 days before selling or disposing of it, the landlord must send notice of the manner and date by registered or certified mail (return receipt, addressee only) to the owner's last-known address. If the notice comes back unclaimed, the landlord must publish it in a local newspaper. During an eviction, the officer must hand pets to the tenant or call animal control. Pets may not be left unattended. C.R.S. §§ 13-40-122(2)-(4), (2.5); 38-20-102(3); 38-20-116(1)-(2) |
| Arizona | The owner files a forcible detainer action in court. There is no affidavit-based police removal procedure. Under SB 1426 (2026), a person who entered by force commits forcible detainer by refusing to leave after a reasonable request from the owner or the owner's agent, if all of these apply: the property is or includes a residential dwelling; the occupant is unauthorized; the owner has told the occupant to leave; the property was not open to the public when the occupant entered; and the occupant is not a current or former tenant, a cohabitant by prior agreement, an immediate family member of the owner, or a party to pending litigation with the owner. In those cases the owner does not have to wait 5 days after a written demand. The Arizona Supreme Court must adopt rules for expeditious resolution, and the writ of restitution issues immediately after the court signs a judgment against the unauthorized person. Entering or remaining unlawfully in a residential structure is criminal trespass in the first degree, a class 6 felony. A.R.S. §§ 12-1171, 12-1173(A)(3)(b), (B), (C) (as amended by SB 1426, 2026); A.R.S. § 13-1504(A)(1), (B) | If the tenant abandons the unit, the landlord must send a notice of abandonment by certified mail, return receipt requested, to the tenant's last known address and any known alternate addresses, and post the notice on the door or another conspicuous place for 5 days. A unit counts as abandoned if (1) the tenant has been absent without notice for at least 7 days, rent has been unpaid for 10 days, and nothing suggests the tenant still lives there other than personal property left behind, or (2) the tenant has been absent for at least 5 days, rent has been unpaid for 5 days, and no personal property remains. For property left behind, the landlord must inventory it, notify the tenant where it is stored and what storage costs, and hold it for 14 calendar days with reasonable care. After that, the landlord may sell or donate it. Sale proceeds go first to unpaid rent and costs, and any excess goes to the tenant. Records and any undeliverable excess are kept for 12 months. Perishables, plants, and hazardous items may be disposed of right away, and property of minimal value may be destroyed. Before the property is sold, a tenant who gives written notice has 5 days to reclaim it by paying removal and storage costs. The tenant may retrieve clothing, tools of the trade, and identification and financial documents without paying costs first. If the tenant returned the keys, the landlord may dispose of anything left without liability unless the parties agreed otherwise in writing. The same property rules apply the day after a writ of restitution is executed. A.R.S. §§ 33-1370(A)-(J), 33-1368(E), 33-1314(E)-(G) |
| Kansas | Removal of Squatters Act (2026). A squatter is someone occupying a dwelling who is not entitled to occupy it under a lease or rental agreement and lacks a tenant's authorization (periodic holdover tenants are excluded). The owner or agent posts a notice at the unit that the occupant has no right to stay and must vacate immediately (giving the address where the affidavit will be delivered), then delivers a notarized affidavit to the county law enforcement agency stating: affiant is the owner/agent; a person entered and remains unlawfully; the person was not authorized to enter; is not a tenant or holdover tenant; was asked to leave and has not; and is not the owner's immediate family member. After verifying ownership and at least 24 hours after receiving the affidavit, an officer serves a notice to vacate immediately (hand delivery or posting), may charge up to $50, and tries to identify all occupants. A knowingly false affidavit is a class A nonperson misdemeanor. A wrongfully removed person may sue the affiant for restored possession, actual costs and damages, punitive damages of three times the fair market rent, and attorney fees. Squatter occupancy is excluded from the Residential Landlord and Tenant Act, so no eviction case is required. K.S.A. 2026 Supp. 58-5401 to 58-5407 (2026 Kan. Sess. Laws ch. 56, HB 2378) | If the tenant abandons or surrenders the unit, or is removed by a forcible detainer judgment, and leaves personal property, the landlord may take possession and store it at the tenant's expense and may sell or dispose of it after 30 days, provided that at least 15 days before the sale the landlord publishes once in a county newspaper a notice of intent to sell/dispose, and within 7 days after publication mails a copy to the tenant's last known address. The notice must state the tenant's name, a brief description of the property, and the approximate sale/disposal date. Until sale, the tenant may redeem by paying the landlord's reasonable taking/holding/sale-prep costs and amounts owed. Proceeds go first to those expenses, then to amounts the tenant owes; the landlord may keep any balance. Abandonment may be presumed if the tenant is 10 days behind on rent and has removed a substantial portion of belongings, unless the tenant notifies otherwise. K.S.A. 58-2565(b), (d)-(f) |
| Nebraska | No squatter-specific statute. An owner removes a non-tenant occupant through a forcible entry and detainer action in county or district court: the owner must first serve a written notice to leave at least 3 days before filing (by handing it to the occupant or leaving it at their usual place of abode; if neither can be found in the county, by leaving or posting it on the premises). If the court finds the entry or holding unlawful, it orders restitution of the property. This procedure does not apply to possession cases covered by the Uniform Residential Landlord and Tenant Act. Neb. Rev. Stat. §§ 25-21,219, 25-21,221 | Governed by the Disposition of Personal Property Landlord and Tenant Act. The landlord must give the former tenant (and anyone the landlord believes owns the property) a written Notice of Right to Reclaim Abandoned Property describing the property, where to claim it, and a deadline at least 7 days after personal delivery or at least 14 days after mailing; the notice must also say whether the property will be sold at public sale or, if worth under $2,000, may be kept, sold or destroyed. The tenant gets the property back by paying reasonable storage (and advertising) costs before the deadline. Unclaimed property must be sold at a public sale after newspaper notice once a week for two weeks, unless the landlord reasonably believes it is worth less than $2,000, in which case the landlord may keep or dispose of it. Sale proceeds, less storage, advertising and sale costs, go to the State Treasurer as unclaimed property within 30 days. Neb. Rev. Stat. §§ 69-2301 to 69-2314 (esp. 69-2304, 69-2305, 69-2307, 69-2308) |
| New Mexico | New Mexico has no squatter-specific removal procedure or crime. Bills to create one failed: HB 332 and SB 359 (2025) and HB 144 (2026) all died. Removal is through existing law (court action and criminal trespass), which was not verified here. 2025 HB 332, 2025 SB 359, 2026 HB 144 (all died) | Not verified yet |
| Oklahoma | Sheriff removal without a court case. The owner or an authorized agent gives the county sheriff a verified Complaint to Remove Persons Unlawfully Occupying Residential Real Property, signed under penalty of perjury on the form set out in the statute, with ID or proof of agency attached. All of these must be true: the property was not open to the public when the occupants entered; the owner told them to leave; they are not current or former tenants; they cannot produce a lease signed by the owner, or a government document showing the address as their address of record within the past 12 months; they are not immediate family of the owner; and no related lawsuit is pending. The sheriff verifies ownership, serves a notice to immediately vacate by hand or by posting, puts the owner in possession, and may stand by (at an hourly fee) while the locks are changed. Penalties: damaging the dwelling by $1,000 or more is a felony (up to 3 years and/or $10,000). Presenting a fake lease or deed is a misdemeanor (up to 1 year and/or $1,000). Someone wrongfully removed may sue for restored possession, actual damages, 3x the fair market rent, costs, and attorney fees. Separately, under the landlord-tenant act a landlord may demand that an occupant with no rental agreement leave without filing an eviction. Failing to leave within a reasonable time is trespass, with a fine of up to $500. 21 O.S. §§ 1354-1357; 41 O.S. § 111(G) | Applies after the tenant abandons or surrenders the unit or is lawfully evicted. Property the landlord judges to have no apparent value, and perishables, may be disposed of right away without liability. For property with apparent value, the landlord must send written notice by certified mail to the tenant's last-known address saying the property will be deemed abandoned if it is not removed by the date in the notice. Property left with the landlord 30 days or longer is conclusively abandoned and may be disposed of in any reasonable manner. While storing it, the landlord must use reasonable care. Storage in the unit may cost no more than the fair rental value; commercial storage costs the actual charges. A tenant who reclaims the property in time pays storage and other accrued costs. A landlord who deliberately or negligently violates these rules is liable for actual damages. 41 O.S. § 130 |
| Utah | Since 2025 (ch. 295), an owner or authorized agent may present law enforcement a verified 'Complaint to Remove Trespassers Unlawfully Occupying Real Property' in the statutory form, under penalty of perjury, with proof of record ownership (or agency) and ID, attesting that the trespasser entered unlawfully, the property was not open to the public, the owner told them to leave, they are not a current or former tenant under a written rental agreement, an owner/co-owner or on title (absent title fraud), or an immediate family member, and there is no pending litigation. If the owner appears entitled to relief, law enforcement must without delay serve a notice to immediately vacate (hand delivery or posting) and put the owner in possession, may arrest for trespass or warrants, and may stand by while locks are changed and belongings moved to the property line. A wrongfully removed person may be restored to possession and recover actual costs and damages, triple the fair market rent, costs and attorney's fees, with an expedited trial. Utah Code 78B-6-817 | Abandonment is presumed if the tenant gave no notice of absence and either fails to pay rent within 15 days after the due date with no evidence of occupancy other than belongings, or fails to pay and has removed belongings. If belongings are left, the owner may remove and store them and recover actual moving and storage costs; the owner must post a notice on the premises and send it by first-class mail to the tenant's last known address stating the property is considered abandoned. The tenant may retrieve it within 15 calendar days of the notice by paying inventory, moving and storage costs (written demand with proof of ownership). After 15 days in storage with no reasonable recovery effort and no pending hearing, the owner may sell it at public sale (proceeds applied to amounts owed; surplus handled as unclaimed property) or donate it if commercially reasonable. No duty to store hazardous materials, animals, garbage, or perishables; motor vehicles are excluded. Utah Code 78B-6-815; 78B-6-816 |
| Wyoming | Since the 2025 session (SF0006, 2025 Session Laws ch. 41), an owner or authorized agent may file a sworn complaint (under penalty of perjury, with a copy of government ID or agency papers) with county law enforcement asking for immediate removal of a person who unlawfully entered and remains in a residential dwelling, if there is no known pending litigation between them and the person is not a current or former tenant, a co-owner or person on title (absent title fraud), an immediate family member, or a cohabitant. After verifying the complainant is the record owner, law enforcement must without delay give notice to immediately vacate (hand delivery or posting on the front door), put the owner in possession, and may arrest for trespass or warrants; officers may stand by while locks are changed and belongings are moved to the property line. A wrongfully removed person may recover possession, actual damages, triple the fair rental value for the period of wrongful removal, costs and attorney's fees. Presenting a fake lease or deed to stay on property is a misdemeanor (up to 6 months / $750); renting or selling property without authority is a felony (up to 2 years / $5,000). Wyo. Stat. 1-21-1401 to 1-21-1403; 6-5-309 | After lawfully regaining possession, the owner may immediately dispose of trash and property reasonably believed hazardous, perishable, or valueless; property left in the unit is presumed valueless and abandoned. Valuable property may be removed and stored; the owner must give written notice describing it and stating it will be disposed of 7 days after service unless the renter takes it or notifies the owner in writing of intent to take it. Notice is served by certified mail to an address the renter gave for this purpose, by personal service under W.R.C.P. 4, or by newspaper publication in the county. If the renter responds in writing, the owner holds it 7 more days; otherwise it is conclusively abandoned and may be kept or disposed of. The owner may charge reasonable or actual storage and removal costs before release and is not liable for loss in storage. Wyo. Stat. 1-21-1210 |
City rules that may add to state law
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Squatters' Rights in Colorado FAQ
How do you remove a squatter in Colorado?
Colorado has a fast court process for removing an "unauthorized person": someone occupying a vacant or uninhabited home who never had any agreement with or consent from the owner, is not the owner's relative, never paid the owner anything, and was never given permission to be there. The owner (or authorized agent) first demands that the occupants leave, then files a complaint and a sworn "Verified Motion for Order to Remove Unauthorized Persons" in county court. The motion must be served (in person or by posting) at least 24 hours before the hearing, and the court must hold the hearing by the next court day. If the court finds the occupants are unauthorized, it issues a temporary mandatory injunction and writ of restitution, and the sheriff must remove them within 24 hours of receiving the order and order them to stay off the property or face arrest for criminal trespass. Anyone who falsely swears on the motion can be sanctioned, held in contempt, or prosecuted for perjury or false swearing. If the motion is denied, the owner can still bring a regular eviction (forcible entry and detainer). (C.R.S. §§ 13-40.1-101, 13-40.1-102; § 13-40-104(1)(a))
What can a landlord do with a tenant's abandoned property in Colorado?
Colorado has no single statute on belongings a residential tenant leaves behind. After an eviction, the officer executing the writ of restitution removes the property. The landlord has no duty to store or inventory it, and is immune from liability if the landlord follows the officer's lawful directions. A landlord who chooses to store the property may charge reasonable storage costs and either let the tenant reclaim it after paying them or dispose of it under the landlord's lien. That lien covers unpaid rent on household goods left on the premises. It does not cover pets, small kitchen appliances, cooking utensils, beds, bedding, necessary clothing, personal or business records, or personal effects. Lien property is presumed abandoned if the owner has not contacted the landlord for at least 30 days. At least 15 days before selling or disposing of it, the landlord must send notice of the manner and date by registered or certified mail (return receipt, addressee only) to the owner's last-known address. If the notice comes back unclaimed, the landlord must publish it in a local newspaper. During an eviction, the officer must hand pets to the tenant or call animal control. Pets may not be left unattended. (C.R.S. §§ 13-40-122(2)-(4), (2.5); 38-20-102(3); 38-20-116(1)-(2))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.