Is It Legal to Cut Off Utilities on Squatters in Colorado?

What Property Owners Need to Know

Colorado property owners facing squatting issues may wonder if cutting off utilities is an option to remove unwanted occupants. The process of handling squatters can be frustrating, but taking direct action by cutting off utilities is not only illegal in Colorado—it may also create more problems for the property owner.

This article explains why utility shutoffs are prohibited, what squatter rights look like in Colorado, and outlines the legal, effective steps property owners can take to regain control of their property.

Colorado’s Approach to Squatter Rights

Colorado has strict rules regarding evictions and squatter rights. Squatters—individuals who occupy a property without permission—may gain certain protections if they have lived on the property for a certain period. This can complicate the process of removing them, as these protections limit what property owners can do without formal court procedures.

Even though squatters lack a formal lease, Colorado law prohibits landlords or property owners from using "self-help" methods, such as changing locks, removing property, or shutting off utilities, to force someone out. Instead, property owners must use the official eviction process to ensure that all actions are legally compliant and will stand up in court if challenged.

Why Cutting Off Utilities on Squatters Is Not Allowed

Turning off electricity, water, or gas is a method known as "constructive eviction." In Colorado, constructive eviction is illegal and can lead to significant legal repercussions for property owners. This applies whether the occupant is a tenant with a lease or a squatter who has been on the property for an extended time. Here’s why cutting off utilities is discouraged and illegal:

• Health and Safety Risks: Denying someone basic utilities can create health and safety risks, especially if it occurs during extreme weather.
• Tenant-Like Rights: Squatters can gain protections similar to tenants, requiring an eviction order from a court to remove them legally.
• Legal Penalties for Landlords: Landlords or property owners who resort to utility shutoffs could face fines, lawsuits, or delays in the legal eviction process. Courts may view this action as an attempt to circumvent the lawful eviction process, leading to complications for property owners.

Legal Eviction Process for Squatters in Colorado

When squatters occupy a property without permission, property owners have several legal options for removal. Each requires adherence to state laws and proper documentation to ensure the process goes smoothly. Here are the steps involved in legally evicting squatters in Colorado:
1. Issue a Formal Eviction Notice

The first step in the eviction process is issuing a formal notice. Colorado requires that squatters be given a "Notice to Quit," which usually gives them three days to vacate. This notice should be delivered in writing, detailing the reason for the eviction and the deadline for leaving.

By law, squatters must have a chance to vacate the property voluntarily before the property owner can move forward with further action. Properly issuing this notice is essential, as it shows the court that the property owner attempted to resolve the issue before filing a lawsuit.
2. File an Unlawful Detainer Action

If the squatters do not vacate by the date specified in the notice, the next step is to file an unlawful detainer lawsuit. This lawsuit is filed in the county where the property is located. Filing this action officially initiates the legal eviction process, allowing the property owner to request a court order to remove the squatters.

The court will schedule a hearing, where the property owner will have the opportunity to present evidence proving unauthorized occupancy. If the court rules in the property owner's favor, they will issue an eviction order to have the squatters removed.
3. Obtain an Eviction Order and Enforce It

Once an eviction order is granted, the property owner can enlist local law enforcement to help remove the squatters from the property. Law enforcement officers ensure that the eviction is carried out safely and legally, preventing any risk to the property owner or the occupants.
This final step allows the property owner to regain control of their property without the need to resort to illegal actions such as cutting off utilities or changing locks.

Alternative Methods: Negotiating a Cash-for-Keys Agreement

In addition to the formal eviction process, some property owners may choose to negotiate a “cash-for-keys” agreement with squatters. A cash-for-keys agreement involves offering squatters a sum of money to leave the property voluntarily. This alternative method is sometimes faster and less costly than going through the formal eviction process, especially if the squatter is willing to cooperate.
Important Considerations for Cash-for-Keys Agreements:

• Document the Agreement: Ensure that all terms are in writing, including the agreed-upon payment and the vacate date.
• Arrange a Move-Out Inspection: Once the squatter vacates, conduct an inspection to ensure the property is in good condition.
• Confirm a Firm Move-Out Date: Agree on a clear deadline to ensure there are no delays in regaining control of the property.

While cash-for-keys is not guaranteed to work, it can be a useful tool for property owners dealing with cooperative squatters.

When to Seek Law Enforcement Assistance

If squatters recently entered the property and have not established residency, property owners might be able to pursue trespassing charges instead of a formal eviction. In these cases, contacting local law enforcement to report trespassing could resolve the issue without the need for an eviction notice.

This option may only apply if the squatters have been on the property for a very short time and cannot prove any tenant-like rights. Consulting a property attorney can help determine whether this approach is appropriate based on the specific circumstances.

The Role of a Property Attorney

Navigating the eviction process can be overwhelming, especially with squatters who may have tenant-like rights. Property owners are encouraged to work with an experienced property attorney familiar with Colorado eviction laws to ensure that they are following the proper procedures.
A property attorney can help by:

• Ensuring Compliance with Colorado Laws: From drafting the notice to handling court proceedings, an attorney ensures the process is legally sound.
• Avoiding Costly Errors: By managing the paperwork and legal requirements, an attorney can help prevent delays and mistakes that could affect the outcome.
• Protecting Against Liability: Legal representation reduces the risk of a lawsuit or liability due to improper eviction practices.

Final Thoughts on Evicting Squatters in Colorado

Although it may seem like an effective solution, turning off utilities on squatters is not a legal option in Colorado. Property owners who attempt this could face fines, legal repercussions, and potential delays in the eviction process. Following Colorado’s legal eviction procedures is the safest approach to regaining control of a property occupied by squatters.

By issuing a formal notice, filing an unlawful detainer action, and possibly consulting a property attorney, property owners can effectively navigate the eviction process while avoiding the risks associated with self-help tactics.