How to Remove Trespassers from Your Property

Al Spadine • October 10, 2024
Trespassers from Your Property

Leasing out a property for long or short stays can help you earn a nice passive income. However, unwanted trespassers can pose various challenges related to security and privacy. They might step inside your private garden, cross a gate without authorization, damage the property, steal something valuable, or even start living on the premises without permission. A guest or tenant who refuses to leave when asked or when their lease ends can also be considered a trespasser. So, how to remove someone from your property the right way?

Read on to better understand trespassing, learn how to spot a trespasser, and know the steps to take to deal with the offender while protecting yourself, your loved ones, and your property. 

Legal Trespass Definition 

When an individual intentionally enters or encroaches on another person’s property without the owner’s (or their agent’s) permission or any legal authority, it is considered trespassing. 

You can levy criminal or civil charges against the offender depending on their action and local laws. For instance, you can file a civil lawsuit against someone who breaks into your property and smashes a window. On the other hand, if they harm you bodily or steal something, you can sue them in a criminal court. In any case, unwanted trespassers usually face legal consequences like fines, imprisonment, and community service. However, this can vary across jurisdictions. 

Ways to Identify Trespassers 

Before you find out how to remove someone from your property, it is vital to identify the offenders correctly. Keep an eye out for: 

  • Those who enter your property without your consent or knowledge (including those who bypass fences, locked gates, or barriers)
  • Tenants or visitors who overstay their welcome (continue to occupy the property even after lease expiry)
  • Those who ignore your verbal or written request to leave the property
  • Individuals behaving suspiciously (like trespassing on surrounding properties, loitering, engaging in unlawful activities)
  • Signs of property damage (indicating unauthorized entry or occupation) 
  • Reports from tenants or neighbors who have witnessed people entering your property illegally 

How to Get Someone off Your Property 

Dealing with a trespasser is a step-by-step process that helps you approach the matter in an appropriate manner. Otherwise, you might end up weakening your case or committing an unwanted error. 

  • Be Aware of Your Rights: Seek the advice of an experienced and reputed lawyer or law firm that specializes in property-related laws. They will be aware of local and state regulations and can advise you on the next steps. They can even represent you if required. 
  • Handle Any Immediate Danger: In case you think the trespasser might cause any harm or injury to the property, you, or a loved one, contact emergency services or law enforcement. Prioritize personal safety always. 
  • Serve Verbal or Written Notice: If you are wondering how to charge someone with trespassing, first speak to them or issue a written notice that asks them to vacate the grounds or premises immediately. Include details like the date, time, and the reason behind the notice. Clearly mention the consequences if the trespasser fails to comply with the notice. You can also put up signs that indicate your property is private and cannot be accessed without authorization. 
  • Offer Trespassers the Chance to Leave Voluntarily: If a trespasser leaves your property on their own accord, you can avoid the hassle of further escalation or legal recourse. So, give them that opportunity. 
  • Get Clarity on the Eviction Process: How to remove someone from your property if they refuse to leave even after you serve them a notice? In such a scenario, you might need to file an eviction. However, be clear about the process beforehand, as it might depend on your state and local laws. Consult a lawyer to understand the rules and restrictions, the steps to follow, the forms to fill out, and the evidence you need to present. 
  • Document Everything: Document all interactions and communications with the trespasser as well as the notices served. In case of legal proceedings, these will act as evidence. 
  • Understand Self-Defense Laws: As the landlord, you have the right to protect your property, yourself, and your family against any harm that the trespasser perpetrates. However, using fatal force to do the same is generally illegal. So, go through self-defense laws and be aware of the kind and amount of force you can use to remove trespassers. It is also advisable to contact the police in serious situations instead of handling it yourself.   

Trespassing is a problem that might crop up repeatedly if you are not careful. So, besides following the above steps to deal with offenders, you must also know how to keep someone off your property. Installing a home security system and putting up signs that say ‘Private Property’ or ‘No Trespassing’ can help. You can also set up motion sensor lights and outdoor cameras around your property. If your property is vacant, visit and inspect it occasionally for signs of unwanted trespassers. 

Conclusion 

A trespasser can be a source of significant stress and worry. It is essential to know how to effectively resolve trespassing-related disputes and avoid the possibility altogether to minimize the possibility of long-drawn and expensive legal disputes.

Although you may be aware of how to remove someone from your property by now, handling the entire process alone can be stressful. If your primary job takes up a lot of your time or you live far from the rental property, the problem can be magnified. 

Hiring a reputed and experienced

property management

company can be helpful in such cases. They will not only know about the different laws and regulations that apply to trespassing incidents in your area but can also deal with the issue without you having to spend a lot of time and energy. 

Resolve Trespassing Issues with Guardian Property Management

For effective handling of trespassing disputes, trust

Guardian Property Management

. Our experienced team is well-versed in local laws and regulations concerning trespassing and can manage these issues efficiently, saving you time and effort. If you are located in the Greater Twin Cities area,

contact Guardian Property Management

 today to ensure your property is protected.

Schedule a consultation by calling us on 651-287-2011 or sending an email to 

info@guardianprop.com


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