Colorado Complaint for Damages and Relief for Unlawful Detention of Real Property Formerly Held by Plaintiff Pursuant to a License - Squatter's Rights

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Unlawful detention in the real property context means keeping possession of real property without a right, such as after a lease has expired. Such possession entitles the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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FAQ

Default and Quiet Title Decree. Assuming the action remains uncontested through the service stage, then the attorney will ask the court to find the defendants in default and for a decree quieting title. If agreeable, the judge will issue an order and quiet title decree.

Uncertain property boundaries between neighbors, boundary disputes, unclear ownership of inherited property, and claims of adverse possession are some of the common reasons for filing quiet title actions in California.

Under Rule 105 of the Colorado Rules of Civil Procedure, an interested party can file a lawsuit to obtain a ?complete adjudication of rights? with respect to ?any real property.? In other words, a quiet title can fix title problems of all shapes and sizes.

Proof Requirements A plaintiff seeking to quiet title against a person with legal title to property has the burden of proving title by clear and convincing proof, rather than by the prepon- derance of evidence usually used in civil cases.

In the case of a violation, the tenant must be awarded statutory damages equal to the tenant's actual damages and the higher amount of either three times the monthly rent or five thousand dollars, as well as any other damages, attorney fees, and costs that may be owed.

Call the local police so that they can make a police report. Seek legal advice from a qualified attorney. Serve the squatters with a notice to vacate, for example, a three-day notice to quit or a seven-day unconditional quit notice. Give the squatters, trespassers, or holdover tenants time to leave peacefully.

In the State of California, a squatter must occupy your property for a period of 5 years put forward any adverse possession claims. This is the shortest period of any state.

105 proceeding should completely adjudicate the rights of all parties to the action claiming interests in the property. Even if a counterclaim is not pled, or an issue is not raised in the pleadings but is apparent from the evidence, the court should reach the issue to give full relief.

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Colorado Complaint for Damages and Relief for Unlawful Detention of Real Property Formerly Held by Plaintiff Pursuant to a License - Squatter's Rights