How to Write a No Trespassing Letter
Property owners can issue verbal or written warnings to trespassers, forbidding these intruders from entering their property without permission. To reduce the chances an offender suing you, a written trespass warning detailing the violation and repercussions can be more effective.
- Difficulty:
- Moderately Easy
Instructions
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Format Your Letter
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1
Research your state's "No Trespassing" statute. For a statute to be legally authoritative, it must state who is at risk of violating the law, the actions he must take or avoid and the penalties for infractions. The statute does most of the work for you, and should compose the bulk of the letter.
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2
The letter should include the name of the offender, the address of the premises forbidden to this person and for how long the offender must stay away.
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3
The letter should stipulate that if the offender re-enters the premises without permission, the owner will call the police and press charges.
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4
Sign the letter and date it. The letter should be signed by someone with the authority to represent the property, such as the owner, security guard or business manager.
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5
Write your "No Trespassing" letter and send it via certified mail. This provides evidence that the letter arrived at the recipient's home.
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6
Escort the offender from the premises at an appropriate time after the violation. If the person returns, the violation is officially a trespass, and you can issue another warning or ask the police to make an official arrest.
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1
Tips & Warnings
In some states, a trespasser is not held liable if the property was not clearly labeled as private. Save yourself some headaches by posting signs at the perimeter of your property.
Get online help from advocates like Nolo (see Resources below).
Do not hold trespassers against their wishes while you write the letter; you do not have the right to forcibly detain them.
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Comments
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attorneysb
May 24, 2010
1) As a renter, you have many of the same rights to control and possession of your property as the owner does, including the right to exclude people from the property. 2) Since your husband's ex-wife does not need to come onto the property or into the home to exchange the child for custody/visitation, you do not need to allow her onto your property. The exchange can take place on the street in front of your home, or at a neutral location, such as the police department, a park, or the local McDonald's. -
dsmith11
Mar 30, 2010
First question, we rent, can we still forbid someone from entering "our" property? Second question, the person we wish to ban is my husbands ex-wife, the two have joint custody of one child. Can we legally forbid her from coming onto our property and into our home? There are legitimate reasons for wishing her to stay away from our home. Thank you!!