A trespass authorization letter is a form you file with your local police department that gives officers standing permission to remove or arrest unauthorized people on your property when you aren’t there. Without one, officers who find someone on your closed business or vacant lot at 2 a.m. often cannot act, because criminal trespass statutes generally require the owner or an authorized agent to tell the intruder to leave first. The letter designates police as that agent. Depending on the jurisdiction, the same document may be called a Letter of Agency, Trespass Enforcement Agreement, Trespass Arrest Authorization, or Trespass Letter of Consent, but the mechanics are broadly similar.
How the Letter Works Once Filed
At its core, the letter solves a timing problem. If your business closes at 6 p.m. and someone sets up in your parking lot at midnight, no one with authority over the property is around to issue the demand to leave that most trespass statutes require. The authorization fills that gap.
Once accepted, your property address is typically flagged in the police department’s dispatch system. When an officer encounters someone on your property during the hours you specified, they can act immediately, issuing a warning, writing a citation, or in some cases making a physical arrest, without calling you first. Programs originated in commercial corridors with vacant storefronts and after-hours retail lots, but many jurisdictions now extend them to residential and multi-family properties.
Who Can Sign One
Only someone with a legal right to control access to the property can sign. Police departments verify this before accepting the form, because the whole program collapses if the signer had no authority to grant. Eligible signers generally include:
- Title holders, meaning the person or entity on the deed.
- Property managers formally authorized by the owner to control the premises.
- Commercial tenants whose lease gives them exclusive control over the space, including the right to exclude others.
Apartment complexes and gated communities are more nuanced. A property manager can usually authorize enforcement in common areas like parking lots, lobbies, and stairwells, but the authorization cannot reach into individual units or override a tenant’s right to have guests. Some jurisdictions require the management company to submit its management agreement alongside the application to prove standing.
What You Need to Apply
Gather these before you start the form. Requirements vary by jurisdiction, but most programs ask for:
- Proof of ownership or control: a recorded deed, a current property tax statement, or, for tenants and managers, a lease or management agreement.
- A property boundary description. Officers need to know exactly where your property ends. A survey map or plat description prevents enforcement on the wrong parcel.
- Hours of restriction, meaning the specific times when the property is closed to the public. The authorization only applies then. Anyone present during open hours is not covered.
- An emergency contact available around the clock who can respond to police inquiries or participate in legal proceedings if an arrest leads to prosecution.
Incomplete applications are the most common reason for delays, and some departments reject them outright rather than follow up on missing items.
Filling Out and Filing the Form
The form itself comes from your local police department. Many agencies now offer downloadable versions online or accept electronic submissions. You’ll identify the property by address and legal description, name the authorized contacts, and specify the restricted hours. If your property has distinct zones, say a public-facing retail entrance versus a gated service alley in back, note those boundaries clearly. Vague descriptions create problems in court.
Most programs set the authorization period at 12 months. Some jurisdictions cap it by statute; others let the local agency set the term. The form will ask you to declare start and end dates. The language should make clear that anyone present on the property without your written permission during restricted hours is unauthorized. That is the legal hook that lets officers act.
Notarization
Many jurisdictions require the form to be notarized. This isn’t universal, but it’s common enough that you should assume you’ll need a notary unless your local program says otherwise. Notary fees for a single signature acknowledgment are set by state law in most states and typically range from $2 to $25, with $5 a common charge. A handful of states have no fee cap, so notaries there set their own rates.
Submission
Completed forms go to the police department’s records bureau, a designated precinct, or an online portal, depending on the agency. Once accepted, the department enters your property into its dispatch system so responding officers see the flag. Some agencies also provide a window decal or placard you can display on the property as a visual cue to patrolling officers.
Signage Is Required
“No Trespassing” signs are not optional. Virtually every program requires posted signs as a condition of enforceability. The signs serve a legal purpose: they put anyone entering the property on notice that they are not welcome, a prerequisite for criminal trespass charges in most states.
Specific requirements for sign size, placement, and wording vary by jurisdiction. Some states set minimum dimensions, with 8½ by 11 inches a common standard, while others simply require signs to be “conspicuous” and “reasonably visible.” Place signs at every point where someone could enter: driveways, gates, pedestrian paths, and any boundary that faces a road or adjacent property. Walk the perimeter and look for blind spots. A sign hidden behind overgrown shrubs or mounted too high to read will not hold up in court.
Durable metal or heavy plastic signs built for outdoor use typically cost $13 to $37 each. Budget for enough to cover every entry point with extras, because weather, theft, and vandalism take a toll. Replace missing signs promptly. If a sign is gone when the officer encounters a trespasser, the arrest becomes legally shaky.
Renewal and Revocation
The most common mistake property owners make is forgetting to renew. When your authorization expires, most departments purge the address from their dispatch system without notifying you. Officers responding to your property will see no flag and likely be unable to act without you present.
Renewal is your responsibility. Do not expect a reminder letter or automated notice. Most agencies state outright that they will not send one. Set a calendar reminder at least 30 days before expiration to give yourself time to complete a new form and get it notarized if needed.
You can revoke the authorization at any time by notifying the police department in writing. Do this immediately if you sell the property or transfer possession to a new tenant, because the authorization is tied to your legal control over the premises. In many jurisdictions, a transfer of ownership automatically voids the letter, and the new owner must file their own from scratch.
Who the Letter Cannot Reach
The authorization has hard legal boundaries. Using it against the wrong person can expose you to criminal charges or a lawsuit.
Tenants and Their Guests
A trespass letter cannot be used to remove a lawful tenant from a residential unit. Tenants have possessory rights under their lease, and removing them requires formal eviction proceedings through the courts. Using a trespass authorization to lock out, remove, or harass a tenant is an illegal eviction in every state, with penalties ranging from significant fines to criminal misdemeanor charges depending on the jurisdiction.
The same goes for a tenant’s invited guests. Someone who enters with a tenant’s permission is not a trespasser, regardless of what your letter says. In multi-family settings, the letter applies to common areas like lobbies, parking garages, laundry rooms, and stairwells, against people who have no relationship with any tenant and no lawful reason to be there.
People Exercising Constitutional Rights
The First Amendment limits how trespass enforcement can be applied when people are engaged in protected expression. Public sidewalks adjacent to your property are public forums where people have a right to protest, leaflet, and picket, and a trespass letter covering your private lot does not extend to the public right-of-way. Even on private property, the Supreme Court has recognized that the more an owner opens property to general public use, the more their right to exclude people exercising free speech becomes constrained.1Congress.gov. Constitution Annotated Amdt1.7.7.3 Quasi-Public Places In practical terms, a shopping center owner cannot use a trespass letter to remove peaceful picketers from areas the public is otherwise invited to use, though the specifics depend heavily on state law.
Several state statutes explicitly exempt people engaged in constitutionally protected activity from trespass enforcement under these programs. If you’re uncertain whether someone on your property is exercising protected rights, consult an attorney before asking police to remove them. An unconstitutional arrest could generate a civil rights lawsuit naming you as well as the officers.
Search Limits
Your letter authorizes police to remove unauthorized people. It does not authorize them to search the property, open containers, or enter enclosed structures without a warrant or probable cause. The Fourth Amendment still applies. Officers who exceed the scope of the authorization risk having any evidence they find suppressed in court. You are authorizing removal of trespassers, not granting a blanket right to search.
Making the Authorization Actually Work
A few patterns separate programs that work from programs that sit in a filing cabinet:
- Be precise about boundaries. A vague description like “the parking lot” creates reasonable doubt in court. Use compass directions, lot numbers, or physical landmarks, and attach a site map if the form allows it.
- Keep contact information current. If the emergency contact number goes to voicemail for weeks, officers stop treating the authorization as active in practice, even if it’s technically valid.
- Replace missing signs immediately. Every gap in signage is a gap in enforceability. Check signs monthly, especially after storms.
- Coordinate with neighboring properties. Trespassers displaced from one lot often move next door. If multiple owners in a commercial strip file authorizations, the entire area becomes less attractive to repeat offenders.
- Stay engaged. Report patterns, update restricted hours as business needs change, and renew on time.
Because these programs are created and administered at the local level, the forms, procedures, and legal requirements vary from one police department to the next. Contact your local precinct or city attorney’s office to get the specific form and instructions for your jurisdiction before you start.