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Are you a landlord with a vacant property? What are your options if someone moves into your rental property while it is vacant between tenants? Let’s delve into our interpretation of Penal Code Section 602 in the context of single-family residential properties and the specific resources it provides to landlords with vacant properties. Read the latest revisions to Penal Code 602.
Why It Matters to Landlords
If someone unlawfully occupies your property, Penal Code 602 allows you to report trespassing incidents to local police and request assistance in removing unauthorized occupants from your property. With a Letter of Authority filed, and proper notices posted at the property, police can act on your behalf to remove trespassers. This is important while your property is vacant during renovations or between tenancies.
Extended Protection
Key changes introduced on January 1, 2024, now allow your request for police assistance to last up to twelve months, offering long-term security without the need for frequent renewals.
Understanding the Legal Framework
Penal Code 602 covers various unauthorized actions on your property, from damaging it to refusing to leave when asked. Specifically, for landlords, sections (m) and (o) are crucial:
- Section (m): Makes it a misdemeanor to occupy property without consent.
- Section (o): Criminalizes failing to leave a property upon request by the owner, the owner’s agent, or a peace officer acting on the owner’s behalf.
Letter of Authority / RNo Trespass Letter
The California Penal Code, section 602(o), allows private property owners to authorize local law enforcement to arrest trespassers under certain provisions. A Letter of Authority must be on file with local law enforcement, and “No Trespassing” signs must be posted.
Maximizing The Impact of “No Trespassing” Signs
Visibility and clarity in your “No Trespassing” signs are essential. They should:
- Be placed at all property entrances.
- Clearly reference Penal Code 602 and include contact information for local law enforcement.
- Be designed to clearly communicate to potential trespassers that unauthorized entry is legally prohibited.
Download Our Editable “No Trespassing” Sign
To assist landlords in securing their vacant properties, we’re offering a downloadable and editable “No Trespassing” sign that we use regularly. This customizable sign allows you to add your property details, contact information, and includes references to Penal Code 602 for enhanced clarity and effectiveness. Access the customizable file by city here:
Summary
Knowledge truly is power. By staying informed about Penal Code 602 and taking proactive steps, you can protect your vacant properties effectively. Penal Code 602 offers more than just legal protection; it provides peace of mind, ensuring your property remains secure and ready for your next tenants.
Disclaimer
The information provided in this article is intended for general informational purposes only. It is not legal advice and should not be construed as such. The contents of this article are based on legislation as of January 1, 2024, and are subject to change. Landlords and property managers are encouraged to consult with legal professionals to obtain advice tailored to their specific circumstances and the most up-to-date information. While we strive to ensure the accuracy and reliability of the information presented, we make no representations or warranties, express or implied, regarding the completeness, accuracy, or suitability of the information for any particular purpose. Any reliance you place on such information is strictly at your own risk. We disclaim all liability for any loss or damage arising out of reliance on the information provided in this article or any consequences resulting from actions taken or not taken based on the information herein.
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