As of July 1, 2024, a significant change regarding trespass letters, also known as 602 letters, will come into effect. This change, instituted by SB 602 and authored by Sen. Archuleta (D-Pico Rivera), extends the validity of these letters from the previous 30 days to an entire 12 months. This legislative adjustment offers property owners and real estate professionals an enhanced level of security and efficiency in managing uninhabited properties.
What are Trespass Letters?
Trespass letters serve as a proactive measure for property owners to inform local law enforcement that a property is currently uninhabited. This declaration allows law enforcement officers to act on behalf of the property owner to remove any trespassers found on the property who might claim to be legal occupants. With a valid 602 letter filed with the local police or sheriff’s department, landlords and property owners can bypass the often lengthy and complicated court eviction process for removing illegal occupants.
The Importance for Real Estate Agents
For real estate agents, understanding and utilizing trespass letters can be an invaluable tool, especially when managing or selling vacant properties. The extension to a 12-month validity period means less frequent renewals, ensuring continuous protection against unauthorized occupancy. Here’s how agents can navigate this law to their and their clients' advantage:
Prompt Filing: Encourage your sellers to file a trespass letter immediately if their property is going to be vacant. This is a critical first step in safeguarding against unauthorized occupancy.
Stay Informed: Keep abreast of the local requirements for filing a trespass letter. Procedures and necessary documentation may vary from one jurisdiction to another.
Educate Your Clients: Make sure your clients understand the benefits of having a trespass letter on file, especially if their property is expected to be uninhabited for an extended period.
How to File a Trespass Letter
While the specific process can vary by jurisdictions, filing a trespass letter generally involves providing documentation that proves ownership of the property and a request for police surveillance or action against trespassers. Property owners may need to renew the letter annually to maintain its validity. We are all about making things easier for our industry thus I've included some links below that will give you detailed information about a few popular cities:
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Sacramento County: Letter of Agency Program
The Sacramento County Sheriff’s Office facilitates a Letter of Agency (LOA) Program designed for property owners encountering trespassing issues. This program empowers deputies to address trespass complaints without the property owner needing to be present. A notarized LOA request form, which can be filed with the Sheriff’s Office, grants deputies the permission to act on the property owner's behalf.
Renewal Process: The LOA needs yearly renewal if the property is posted, ensuring continuous authorization.
Posting Requirements: Guidelines recommend signs no smaller than 8.5" X 11" with specific verbiage to deter trespassing effectively.
For more information, visit Sacramento County Sheriff's LOA Program.
Placer County: No Trespass Letter of Consent
The Placer County Sheriff’s Office offers the "No Trespass - 602" program, which allows property owners to address trespassing issues effectively. By completing the request form and adhering to posting requirements, property owners empower the Sheriff's Office to enforce trespass laws in their absence.
Renewal Process: The letter must be renewed every year if the property is posted, or every 30 days if not.
Letter of Consent: This document gives deputies the authority to address trespassing incidents promptly, providing an invaluable tool for managing property security.
Further details and the request form are available on Placer County's No Trespass Letter of Consent page.
West Hollywood: Trespass Arrest Authorization
West Hollywood’s Sheriff's Department provides a Letter of Agency program allowing property owners to authorize deputies to check their property for trespassers and arrest them as necessary. This program is particularly beneficial for owners of residential or commercial properties looking to prosecute trespassers effectively.
Duration: Property owners can sign up for up to twelve months of letters at a time.
Contact: For queries, reach out to the West Hollywood COPPS Team.
Details can be found on the West Hollywood Sheriff’s Department page.
San Diego: Trespass Arrest Authorization Program
San Diego Police Department's Trespass Letter Program assists property and business owners by authorizing officers to enforce trespassing laws on their property. This program is recommended for locations experiencing public nuisance activities or crimes.
Application Process: A Letter of Agency form needs to be submitted to SDPD.
Signage: Upon submission, property should have posted signs indicating the property is under the Trespass Letter Program.
For application details, visit SDPD's Trespass Letter Program.
San Jose: S.T.O.P. Program
The San Jose Police Department's S.T.O.P. (Stop Trespassing On Public/Private Property) Program addresses trespassing on private properties closed to the public. Property owners can sign up for the program by filling out a form, granting police officers the authority to enforce trespass laws in their absence.
Eligibility: The program is applicable for properties meeting specific criteria detailed in the program guidelines.
Application: Annual renewal is required to maintain enforcement authorization.
For more information, review the S.T.O.P. Program guidelines.
San Francisco: Trespass Authorization Program
San Francisco offers a comprehensive approach to address trespassing through its Trespass Authorization Program. Property owners in San Francisco can sign a trespass authorization form, granting the San Francisco Police Department (SFPD) the authority to inspect properties for trespassing activities and enforce related laws.
Program Details: The authorization allows SFPD to act on behalf of the property owner to deter trespassing, sleeping, lodging, residing, or loitering on the property.
Legal Framework: The program is designed to enforce provisions of the Penal Code sections relevant to trespassing and unlawful lodging.
Note on Currency: The available form and information link back to 2019; property owners and real estate agents should verify if there have been updates or changes to the program since then.
For those interested in the San Francisco Trespass Authorization Program and to access the form, visit San Francisco Police Department Trespass Authorization. It's advisable to contact the SFPD directly for the most current information and forms.
Santa Cruz: Trespass Letter of Authority
Santa Cruz offers a proactive measure for property owners and businesses to deter trespassers through the Trespass Letter of Authority. This program is designed to facilitate property owners in keeping their premises secure, especially against vandalism and unauthorized access.
Proactive Measures: Recommendations include locking dumpster areas, trimming overgrown foliage, and installing appropriate signage.
Annual Renewal: Property owners are responsible for renewing their authorization letters annually to ensure continuous protection.
For more details and to fill out your Trespass Letter of Authority, visit Santa Cruz's Downtown Resources.
Monterey County: Trespassing Enforcement Authorization
Monterey County Sheriff's Office provides a Trespassing Enforcement Authorization form, allowing property owners to grant law enforcement the authority to act against trespassers. This program is essential for ensuring that properties, especially those closed to the public or facing fire hazards, are protected under the law.
Two Circumstances of Authorization: The program covers either a 30-day period for specific situations like fire hazards or up to 12 months for properties closed to the public and properly posted.
Renewal and Posting Requirements: Owners must renew the authorization periodically and ensure the property is appropriately posted to deter trespassing.
For additional information and to access the authorization form, visit Monterey Sheriff's Trespassing Enforcement.
Anaheim: Trespass Letter Program
Anaheim Police Department's Trespass Letter Program aids property and business owners in managing trespassers. The submission of a Trespass Letter Form grants police the authority to enforce trespassing laws in the owner's absence.
Criteria and Submission: Specific criteria must be met, and the form needs to be notarized before submission.
Renewal: An annual renewal is required to keep the authorization current.
Learn more and download the form at Anaheim's Trespass Letter Program. San Rafael: Trespass Enforcement Program
In San Rafael, property owners can empower the San Rafael Police Department to inspect their property for trespassing activities through a signed trespass letter. This authorization enables the police to enforce trespassing and unlawful lodging laws effectively, acting as the property owner's agent.
Scope of Authority: The authorization covers actions against trespassing, sleeping, lodging, residing, or loitering under Penal Code sections 602(o) and 647(e).
Property Owner's Action: Signing the trespass letter grants the necessary authority to the San Rafael Police Department for proactive property management.
For more information, visit San Rafael Police Department Trespass Form.
Direct Links to Trespass Forms in Various Counties
For agents and property owners looking for specific forms to authorize law enforcement to act against trespassers, here are direct links to forms for several counties:
Orange County: The Orange County Sheriff's Department provides a Trespass Arrest Authorization Form to help property owners and managers address trespass issues effectively. Orange County Trespass Arrest Authorization Form
Los Angeles: The City of Los Angeles offers a Trespass Arrest Authorization form for property owners to fill out, ensuring they can protect their properties against unauthorized access. Los Angeles Trespass Arrest Authorization
Malibu: For those in Malibu, the city provides a Letter of Agency form that property owners can use to grant the Malibu/Lost Hills Sheriff's Station the authority to enforce trespass laws on their property. Malibu Letter of Agency
Berkeley: The City of Berkeley offers a No Trespass Form for property owners to authorize the Berkeley Police Department to address trespassers and enforce the law. Berkeley No Trespass Form
Conclusion
The updated law regarding trespass letters marks a significant improvement in protecting property rights and streamlining the process of dealing with unauthorized occupants. Real estate agents play a crucial role in this process by ensuring their clients are well-informed and prepared. By taking proactive steps to file trespass letters, property owners can enjoy peace of mind knowing their properties are safeguarded against illegal occupancy for up to 12 months, making the management of vacant properties simpler and more secure.
Remember, the first step in utilizing this law effectively is to familiarize yourself with the specific requirements and processes in your area. Stay informed, stay prepared, and ensure your clients’ properties are protected.
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