How do you remove a squatter in Maryland? When an empty residential unit or vacant buildings become occupied by a person other than an authorized tenant, they are often referred to as a squatter. Squatter law in Maryland does not allow you to remove the unauthorized person without utilizing the legal process.
What is a squatter?
A squatter is person who has taken physical possession of real property that they do not own, and who has not signed a lease or paid rent for the property. If a person refuses to leave the request of the property owner, they are considered a squatter and may be removed through filing a Complaint for Wrongful Detainer in the District Courts of Maryland.
What is a Complaint for Wrongful Detainer?
Under Section 14-132 of the Real Property Article, a Complaint for Wrongful Detainer is the right cause of action in situations where an individual holds possession of real property without the legal right of possession. A person may not hold possession of property unless the person is entitled to possession of the property under the law. A Complaint for Wrongful Detainer will not be successful if (1) the person in actual possession of the property has been granted possession under a court order, (2) a remedy is available through a Failure to Pay Rent, Breach of Lease and/or Tenant Holding Over action, or (3) there is any other means to recover possession of the property.
When can a Complaint for Wrongful Detainer be filed?
A Complaint for Wrongful Detainer can be filed by an owner of real property, or an agent authorized to represent an owner of real property.
A judgment for possession in a Wrongful Detainer action will not be granted unless the complainant can prove by a preponderance of the evidence that:
- The property is occupied by someone without permission of the owner (i.e., a squatter);
- The squatter refuses to leave the property;
- The person or entity seeking to remove the squatter has the legal right to do so (i.e. they legally own the property);
- As stated above, relief cannot be available through a Failure to Pay Rent, Breach of Lease, or Tenant Holding Over action, such as if there was a lease with the individual; and
- The squatter does not have a lease (written or oral), pay rent, or pay for utilities or other expenses associated with the property.
Read more: New Maryland Landlord-Tenant Law Effective October 1, 2023
How do I evict a squatter if I have gotten a judgment for possession in a Wrongful Detainer action?
An eviction is required to remove a squatter from your property. After a judgment of possession is entered in a Wrongful Detainer action, there is a ten (10) day period from the entry of judgment that the squatter may file an appeal. If an appeal is not filed, then the owner may proceed with filing a Petition for Warrant of Restitution with the court. Once the Warrant of Restitution is signed by the court, the Sheriff’s Office will schedule an eviction date.
How do I remove a squatter in Baltimore County?
A Complaint for Wrongful Detainer must be filed in the District Court for Baltimore County by the owner of the Baltimore County property. Squatter law in Baltimore County is complicated, and having a lawyer assist can help you to obtain a judgment for possession and evict a squatter.
How do I remove a squatter in Baltimore City?
The owner of the property located in Baltimore City must file a Complaint for Wrongful Detainer in the District Court for Baltimore City. An attorney experienced in squatter law in Baltimore City can help to evict a squatter.
If you have an issue with squatters and want to pursue a Complaint for Wrongful Detainer, please do not hesitate to contact us by phone or email:
Avery Barton Strachan, Esq.
astrachan@silvermanthompson.com
(410) 385-9113
www.silvermanthompson.com/avery-strachan.html
Kerri L. Smith, Esq.
(410) 385-9106
www.silvermanthompson.com/kerri-smith.html
Disclaimer: Local, State and Federal laws, orders, rules and regulations may be modified and updated at any time and without notice. Likewise, orders of the Court and communications regarding Landlord-Tenant actions are also being continuously added, amended, and updated. That said, the information provided is based on our current understanding of the laws, orders, rules, and regulations that are currently in effect. Therefore, we strongly recommend that you seek legal counsel before initiating any sort of Landlord-Tenant action to ensure that you are acting in compliance with all aspects of any local, Maryland and Federal laws, orders, rules, and regulations in effect at that time, as well as all orders of the Court.