To get someone trespassed from your property, give them a clear written notice that they are banned, deliver it in a way you can prove, and call the police if they return. That written warning is what turns an unwanted visit into a criminal offense the police can actually act on.
Why a Written Notice Beats a Verbal One
Criminal trespass in most states requires that the person knew they weren’t welcome. A stranger cutting across an unmarked field usually hasn’t committed a crime, because nothing put them on notice. The warning is what converts an unwanted presence into a prosecutable offense.
A verbal command to leave is legally sufficient in many jurisdictions. The problem is proof. If the person later denies you ever told them to stay away, it becomes your word against theirs, and officers are far less likely to make an arrest. A dated, signed written notice removes the ambiguity and gives responding officers something concrete to work from.
You Cannot Trespass a Tenant
Before anything else: a trespass notice is not a shortcut around eviction. If someone lives on your property under a lease, a verbal rental agreement, or an informal arrangement where they pay you rent, they are a tenant. You cannot hand them a trespass notice and call police when they come home. Removing them requires a formal eviction through the courts.
Trying to use a trespass warning against a tenant, changing the locks, or shutting off utilities exposes you to liability for an illegal eviction. Tenants who are locked out can sue for damages in many jurisdictions, and some states impose additional penalties on landlords who attempt self-help.
The same limit applies to a tenant’s guests. If your tenant invites someone over, that guest generally has a right to be there while the tenant authorizes it. A landlord who wants a specific guest gone usually has to address the issue through the tenant and the lease, not by serving the guest with a trespass notice. Common areas and shared spaces are the partial exception, where landlords in some jurisdictions retain more direct authority.
What to Put in the Notice
Most places don’t require a specific legal template, but the notice has to be clear enough that no one can argue about what it means. Include:
- The person’s full name, and if you have them, a date of birth or physical description, so the person can’t claim the notice was meant for someone else.
- The street address and a description of what’s covered. If you’re banning them from the entire parcel including the yard and driveway, say so. If it’s a single building, specify that.
- A direct prohibition. Something like “You are prohibited from entering this property for any reason.” Skip softening language.
- A warning that returning will result in law enforcement being called and criminal trespass charges being pursued.
- The date, your printed name, and your signature. If you’re acting as an authorized agent for the owner, note that.
Keep a copy. You’ll need it when you call the police or if the matter ends up in court.
How to Deliver It So It Holds Up
The notice only works if the person actually receives it and you can prove they did. Three delivery methods are reliable.
Hand Delivery With a Witness
Handing the notice directly to the person is the most straightforward option. Bring a witness who can later confirm the delivery, and have them sign and date a short statement describing what they saw. If the person refuses to take the paper, setting it down in front of them while your witness watches still counts as service in most jurisdictions.
Certified Mail
If you’d rather not face the person, send the notice by certified mail with return receipt requested. The signed green card is your proof of delivery. Some recipients refuse certified mail because they suspect bad news, so a practical workaround is to send the same notice by both certified and regular first-class mail on the same day. The regular envelope is more likely to actually reach them, and the certified receipt proves you sent it.
Police Delivery
Many departments will serve a trespass warning on your behalf and document the encounter in a police report. That creates an official record and eliminates any later argument about whether the person was notified. Call your local department’s non-emergency line to ask whether they offer this.
Registering a Standing Trespass Authorization
Some police departments run programs that let you file a blanket authorization for officers to enforce trespass on your property without calling you first. They go by various names: trespass letter of consent, property watch authorization, no-trespass registration. You file a form giving officers standing permission to remove and potentially arrest anyone found on the property without your authorization.
These programs are particularly useful for vacant property, commercial buildings closed overnight, and rentals between tenants. Without one on file, officers responding to a trespass call at an empty building often can’t act until they reach the owner to confirm the person doesn’t belong there. With the authorization on file, dispatch flags it and the responding officer can act immediately.
Expect to post No Trespassing signs on the property and keep your contact information current with the department. You may also have to testify in court if an arrest results. Not every department offers this, so ask your local non-emergency line.
When the Person Comes Back
Once someone has been properly warned and returns anyway, their presence is a criminal offense in virtually every state. Call 911, tell the dispatcher a person who has been formally trespassed is on your property, provide the name and the date the notice was served, and wait for officers.
Do not confront the person yourself. Physically removing a trespasser creates real legal risk. If the encounter turns physical, you can face assault charges regardless of who started it, and owners who forcibly eject trespassers have been sued for injuries the trespasser sustained during the removal. Let the police do the removing.
When officers arrive, hand them your copy of the notice and your proof of delivery. That gives them what they need to arrest or cite on the spot.
What the Trespasser Faces
Criminal trespass is most commonly charged as a misdemeanor, with classifications and penalties varying widely. Some states cap simple trespass at 30 days in jail; others set the ceiling at up to a year. Fines run from a few hundred dollars to several thousand depending on the jurisdiction and the degree of the offense. Trespass into a dwelling generally carries stiffer penalties than trespass onto open land, and some states elevate the offense to a felony when it involves fenced agricultural land or an armed trespasser. Repeat returns after the same notice typically escalate the charges.
Recovering for Damage
Criminal charges punish the trespasser but don’t pay you back. If the person damaged your property, you can file a civil suit for the damages. You don’t have to prove they meant to cause harm, only that their unauthorized entry led to the damage.
When You Need More Than a Trespass Notice
A trespass notice handles a one-time problem or someone who takes the warning seriously. For a person who keeps coming back despite warnings and even arrests, consider a restraining order or injunction. Violating a court order is a separate criminal offense, usually carrying harsher penalties than trespass, and it gives officers broader authority to act.
The process varies by jurisdiction but generally involves filing a petition, describing the pattern of behavior, and attending a hearing. Filing fees for civil injunctions typically run a few hundred dollars, and many courts offer fee waivers. If the situation involves threats or violence, you may qualify for an emergency protective order that takes effect before a full hearing. You can have a restraining order and a trespass notice in place at the same time.
If Your Property Is a Business
Business owners can trespass individuals from commercial property, but the rules get more complicated when the premises are open to the public. Inviting the general public in creates what the law calls an implied license to enter. You can revoke that license for a specific person, but the reason matters. Federal and state civil rights laws prohibit refusing service or access based on race, religion, sex, national origin, disability, and in many states sexual orientation or gender identity. A ban for a discriminatory reason exposes the business to liability under those laws regardless of whether the notice itself was technically valid.
For legitimate reasons like disruptive behavior, theft, or harassment of staff, businesses follow the same basic process: written notice identifying the person, a clear statement they’re banned, and warning that return will result in trespass charges. Many businesses also photograph the banned individual and circulate the notice to security and front-line employees so the ban can actually be enforced. Larger chains and property management companies often maintain formal ban lists and coordinate with local police through the standing authorization programs described above.
How Long the Notice Stays Good
Most states don’t set an expiration date, which means a properly served notice remains enforceable indefinitely until you revoke it. A handful of jurisdictions and some police department programs do impose expiration periods, commonly one to three years, after which the notice must be renewed. If you aren’t sure, ask your local police department or a local attorney.
Even where notices don’t technically expire, practical enforceability fades. A notice served five years ago may prompt questions from officers and prosecutors about whether the ban is still active. Renewing it periodically, even when the law doesn’t require it, keeps your documentation fresh and your intent clear.