Self Storage- Restraining or Trespass Order???

Self Storage- Restraining or Trespass Order???

Henry ClarkPro Member
Developer · Member since 2020 · 4k+ posts · 4k+ votes

Couple of situations, just dealt with one.  

About a year ago had someone walk through our property, set off motion alarms at 2 am, had great camera pictures.  Talked with the Police, they said that was not Trespassing.  We have a 6-foot fence all around.

Recently a couple had an argument.  She rented a unit and he rented a few units.  Back and forth issues.  We were out of the country but could see on our cameras.  She brought a trailer load of stuff and tossed it in the driveway in front of his units.  She had already moved out and was not a tenant.  Called her and told her to pick it up. Said no, it was his.  Told her, his location was inside the unit, the driveway was us.  Had to pay our helper to go clean up.

When we got back went to City Hall to do a Restraining order.  They said you have to do at the County Courthouse.  Went to do a Restraining order.  They showed me a list of six Relationships, which were all personal relationships which didn't fit.  I asked what do we do?  They said to do a Trespass with the Police.  Went to the Police and filed a No Trespass order.  So, I asked if she comes back, you can charge her with Trespassing????  Officer says No.  They have to hand deliver the notice to her, before she can be charged with Trespass.

She just came today and told her to get off the property and I called the police.  Said she just got a Court Order to get her stuff.  Didn't show it.  An Officer finally gave her the Trespass notice.  The Court Order requires law enforcement presence.  Which she knew, she just wanted to Try the key.    

Sure, this is not the same in each legal district.  Took a lot more effort than I thought.

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  • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    2d

    The trespassing issue sounds similar to what we deal with here. The PD does not issue any citation or warning for trespassers, even if they are called and find them on the property. They simply perform a cursory records check, with or without ID, and tell them to leave. I had a recurring issue with a particular person, and after extensive conversation with a particular officer, he gave me a "sample" trespass warning that, if I completed it, and had PD on site with the offender, I had to read the legal paragraph to the offender, then the PD would give me a report and their badge number to add to the warning. I would write in the name and full description of the offender, including tattoos, scars, whatever, and Identify the property with some detail. I would need to provide a copy to the PD at that time. I was allowed to photograph the offender, and accumulated quite a Mug Book over time! Then, PD would send the person on their way, BUT if they were to return within one year, then, and only then, would they would get the coveted silver bracelets!

  • Denise SuppleeBusiness Member
    Realtor · Willow Grove, PA · Member since 2017 · 991 posts · 646 votes
    2d

    I'd keep the camera footage, a dated incident log, and the cleanup receipts together. I’d also ask the officer exactly what to do if she returns, especially with that court order involved.

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