A Georgia criminal trespass warning letter is a written notice that revokes a specific person’s permission to be on your property, so that any return visit becomes a misdemeanor under O.C.G.A. § 16-7-21. The statute does not require the notice to be in writing, but a letter with documented delivery is what gives police and prosecutors something concrete to act on if the person shows up again. Entry after notice is punishable by up to 12 months in county jail, a fine of up to $1,000, or both.1Justia. Georgia Code 16-7-21 – Criminal Trespass2Justia. Georgia Code 17-10-3 – Punishment for Misdemeanors
What the Letter Needs to Say
Georgia does not publish an official template. Some sheriff’s offices and police departments hand out their own trespass warning forms, and those vary by jurisdiction. Whether you use a local form or draft your own, the letter needs to identify the person, the place, and the prohibition clearly enough that a responding officer can read it and know what to enforce.
Include the recipient’s full legal name, and their date of birth if you know it. Accurate identification keeps the wrong person from being caught up in enforcement and makes an eventual arrest cleaner.
Describe the property by street address and spell out what is off-limits. If the ban covers the whole complex, including parking lots and outbuildings, write that. If it covers only the interior of a building, say so. Vagueness here creates room for a defense later. Georgia courts have said the notice must be “sufficiently explicit to apprise the trespasser what property the trespasser is forbidden to enter.”3Justia. Georgia Code 16-7-21 – Criminal Trespass
State the prohibition in plain language: the person is forbidden from entering or remaining on the described property. Add a duration if you want one. The statute does not require an expiration date, and if you leave it open-ended the warning stays in force as long as you control the property.
Give a brief, factual reason. “Disruptive behavior” or “violation of facility rules” is enough. Avoid accusations you cannot back up, because a letter that reads like a criminal charge can invite a defamation claim. You are documenting a property decision, not prosecuting anyone.
Sign and date the letter, and keep a copy. That copy becomes your reference when you call police later.
How to Deliver It So You Can Prove Receipt
The whole point of writing the letter is being able to prove, months from now, that the person actually got it. Three delivery methods carry weight in Georgia.
Certified mail with return receipt requested is the standard. Georgia law treats certified mail as equivalent to registered mail for statutory notices.4Justia. Georgia Code 9-10-12 – Certified Mail Equivalent to Registered Mail; Sufficient Compliance for Notice by Statutory Overnight Delivery When the recipient signs, USPS mails you back a green card. Keep that card with your copy of the letter.
In-person delivery works if you have a neutral witness present. Someone unconnected to the underlying dispute should note the date, time, and circumstances. Handing the letter over with a witness watching is stronger evidence than a private conversation.
Many people ask a sheriff’s deputy or police officer to serve the notice. Officers usually document the service in their own records, which creates a government paper trail alongside your copy. Some departments charge a small fee.
Electronic delivery through email, text, or social media is risky. Proving someone opened and read a message is harder than proving they signed for certified mail. If you need to move fast, deliver in person with a witness and follow up with a mailed copy.
Who Has Authority to Issue the Warning
Under O.C.G.A. § 16-7-21, three categories of people can give the notice: the property owner, the rightful occupant, or an authorized representative of either.1Justia. Georgia Code 16-7-21 – Criminal Trespass A tenant with a valid lease has the same authority as the landlord to ban someone from the leased space. Property managers, on-site security, and corporate officers can act as authorized representatives.
Representatives face one added requirement: proper identification when giving notice. The statute does not define the term, but the practical reading is that the representative should be able to demonstrate the connection to the property. A security guard should have visible credentials or a uniform. A property manager should be ready to show or state the role. This matters because Georgia appellate courts have thrown out trespass convictions when the chain of authorization was too thin. One case failed because a police officer relayed the ban after a phone call with an apartment manager, the manager never testified, and there was no proof the officer was actually acting as the owner’s representative.
What Happens If the Person Comes Back
Once notice has been delivered, presence on the property becomes a criminal act. Criminal trespass is a misdemeanor, carrying up to 12 months in county jail, a fine of up to $1,000, or both.1Justia. Georgia Code 16-7-21 – Criminal Trespass2Justia. Georgia Code 17-10-3 – Punishment for Misdemeanors
When you see the person on your property after delivery, call the police and have your copy of the letter and the delivery proof ready. Officers can arrest based on probable cause, and the letter with a signed return receipt makes that determination straightforward. Georgia does not automatically escalate repeat criminal trespass to a felony; each violation is charged as a misdemeanor on its own.
When a Trespass Letter Is the Wrong Tool
A warning letter does not work against everyone, and using it in the wrong situation can create liability for you.
Tenants and Other Lawful Occupants
You cannot use a trespass warning to remove someone who has a legal right to be on the property. A tenant, even one who has stopped paying rent, has to be removed through Georgia’s dispossessory (eviction) process.5Justia. Georgia Code 44-7-50 – Demand for Possession The same is true of a co-owner or anyone with a court order granting access. A trespass letter issued in place of an eviction will not hold, and trying to enforce it can expose you to a claim.
Children’s Invitees
If a minor living on the property invites someone over after a parent or guardian has already banned that person, the child’s invitation does not override the parent’s notice.1Justia. Georgia Code 16-7-21 – Criminal Trespass This shows up most often with teenagers whose friends have been told to stay away.
Public Accommodations
If you run a business open to the public, such as a hotel, restaurant, theater, or gas station, federal civil rights law limits your reasons for banning someone. Under 42 U.S.C. § 2000a, you cannot exclude a person because of race, color, religion, or national origin.6Office of the Law Revision Counsel. 42 USC 2000a – Prohibition Against Discrimination or Segregation in Places of Public Accommodation The warning has to be based on behavior, not identity.
How Long the Warning Lasts and How to Rescind It
The statute sets no default expiration. If you write a specific time frame into the letter, such as one year, the warning ends when that period runs out. If you leave the duration open, the warning continues as long as you control the property. A sale or a change of tenancy resets things: the previous owner’s or tenant’s warning does not carry over, and the new party has to issue their own notice.
The person or entity that issued the warning can revoke it at any time. No formal process is required, but put the revocation in writing for the same reason the original ban was in writing. If a local police department keeps a copy of the warning on file, contact them so their records reflect the change and the person is not arrested on outdated information.