Property owners often ask whether they can legally have someone trespassed from their land, home, business, or rental property. The answer is generally yes. Oklahoma law recognizes the rights of property owners and lawful occupants to control who may enter and remain on their property. When a person refuses to leave after being asked, or enters property without permission, they may be subject to criminal trespass charges. However, the process for having someone trespassed depends on the circumstances. \
What Does It Mean to Have Someone Trespassed?
When people talk about “having someone trespassed,” they are generally referring to notifying an individual that they are no longer welcome on the property and requesting law enforcement assistance if the person refuses to leave.
In many situations, a property owner or lawful occupant can tell a person to leave the property immediately. If the person refuses, law enforcement may become involved and determine whether a criminal trespass violation has occurred.
A person who returns after being warned not to enter the property may face additional legal consequences.
Property Owners Generally Control Access
Oklahoma property owners generally have the right to determine who may enter and remain on their property.
This right commonly applies to:
- Private residences;
- Businesses;
- Commercial property;
- Agricultural land;
- Vacant lots;
- Certain rental properties.
If a person does not have permission to be on the property, the owner may typically request that they leave.
In many cases, a simple verbal warning is sufficient to establish that the person no longer has permission to remain.
Trespassing Is Different From Eviction
One of the most common misunderstandings involves tenants.
A property owner generally cannot simply “trespass” a tenant who has a legal right to occupy the property under a lease or rental agreement. Even when rent is overdue or the tenant has violated the lease, Oklahoma law typically requires the landlord to follow the formal eviction process.
Attempting to bypass the eviction process by treating a lawful tenant as a trespasser can create legal problems for the property owner.
When a landlord-tenant relationship exists, eviction—not trespass—is usually the proper remedy.
Former Guests and Social Visitors
A different situation exists when someone is merely a guest or social visitor.
For example, if a homeowner invites someone into the home and later asks that person to leave, the guest generally loses permission to remain. If the individual refuses to leave after being directed to do so, law enforcement may become involved.
Whether a person is a guest, tenant, family member, or legal occupant often becomes an important issue when officers respond to the property.
Businesses Can Remove Customers Under Many Circumstances
Business owners also generally have the right to remove individuals from their premises under appropriate circumstances.
For example, a business may ask a person to leave for:
- Disruptive behavior;
- Harassment of employees or customers;
- Threatening conduct;
- Refusal to follow business policies;
- Creating a disturbance.
If the individual refuses to leave after being directed to do so, law enforcement may determine that criminal trespass laws apply.
However, businesses must still comply with state and federal laws prohibiting unlawful discrimination.
Law Enforcement May Issue a Trespass Warning
In some situations, law enforcement officers may issue a formal trespass warning.
A trespass warning generally documents that:
- The property owner does not want the individual on the property;
- The individual has been notified;
- Future entry may result in criminal charges.
If the person later returns without permission, the prior warning may become important evidence in a subsequent criminal case.
Documentation Can Be Helpful
When dealing with recurring trespass problems, documentation is often useful.
Property owners may benefit from:
- Saving text messages or communications;
- Keeping records of prior warnings;
- Maintaining surveillance footage;
- Photographing property damage;
- Identifying witnesses.
Good documentation can help establish that the individual knew they were not authorized to enter or remain on the property.
Special Situations May Require Legal Advice
Certain circumstances are more complicated than ordinary trespass situations.
Examples include:
- Disputes involving family members;
- Co-owned property;
- Former spouses;
- Easement disputes;
- Boundary disputes;
- Tenants and former tenants;
- Probate or inheritance disputes.
In these situations, determining who has the legal right to possess or occupy the property may require a more detailed legal analysis.
Tulsa Criminal Lawyers Can Help
Trespass issues often appear straightforward but can become surprisingly complex when questions arise regarding ownership, possession, tenancy rights, easements, or occupancy claims. If someone refuses to leave your property or repeatedly enters without permission, consulting with an experienced Oklahoma attorney can help ensure the matter is handled properly and in accordance with Oklahoma law. For a free consultation with our Oklahoma felony criminal defense attorneys, call the Tulsa Criminal Lawyers Law Firm at 918-416-0358. You can also ask a free online legal question by clicking this link.