Oct 16, 2024
(COLORADO SPRINGS) --If you have ever heard the term "squatter's rights" you may be wondering what exactly that means, and how can a house guest become a tenant? You will not find the term "squatter's rights" under Colorado law, but you will find the term "adverse possession." "Squatting is what we refer to in Colorado, the situation where people basically try to take possession of abandoned property, whether it's a home or a commercial building, it's a commercial space of some sort," said Attorney David Mcdivitt, with Mcdivitt Law. Colorado squatter's rights, also known as 'adverse possession,' refers to a local principal that allows individuals who have been occupying a property for a certain amount of time without the owner's permission to claim ownership of the property. However, it is important to understand that adverse possession does not give squatters an automatic right of ownership, instead it provides a defense against eviction by the true owner. Essentially, it's a way for someone to claim legal ownership over someone else's property. "I mean, there are certain ways that you can take ownership, possession of property that isn't yours, but that's really rare," said Mcdivitt. Instead of squatting, what is more likely to happen is a "guest" overstaying their welcome. This comes after a family reportedly manipulated their way into an elderly couple's home in Colorado Springs and has since taken over their property, but it is becoming difficult to evict them. In some cases, Colorado law can protect unwanted houseguests and they can even access free legal help. FOX21 NEWS has received multiple complaints of this occurring throughout Colorado Springs. Alleged squatters take advantage of elderly couple "If he just opens the door to let somebody use the bathroom and then they end up just staying and not leaving, you have a trespass or situation at that point. He can call the police and explain the situation but, if you get into days and weeks go by, then it becomes an entirely different situation," said Mcdivitt. "Long term guests" may actually become "default" tenants under Colorado law, who are then entitled to certain legal protections. This is true even if there is no lease agreement or any form of agreement between you and the "guest." "The people who occupy the property, until they are forcibly removed, have in many instances some right to at least stay and make an argument that they are entitled to be there for a certain additional length of time," said Mcdivitt. For property owners, understanding these laws can help prevent uncomfortable situations. "If he owns the property, if he is in fact considered a landlord and she is a tenant, then he has certain rights and so does she. So, he cannot just evict her," said Mcdivitt. Colorado law is clear that guests are not tenants and are not entitled to the formal eviction process. However, the police have no way of discerning whether your guest is a trespasser or a tenant and may refuse to remove the person. If you find yourself in this situation you should begin the eviction process immediately with your local Sheriff's Office, as it may take weeks and even months to remove the unwanted guests.
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