If you own property in Maryland, you must understand the law surrounding squatters. Although squatting is typically unlawful, it can be a source of complicated legal matters similar to trespassing, particularly if someone squats on your property for a long time. This guide helps to demystify squatter rights in Maryland, how they come to be, how to evict, and how to prevent squatters from obtaining squatter rights to your property. But if you’re facing an unwelcome visitor or even a long-term squatter, knowing your legal options is essential to protecting your home and property.
What is the difference between a trespasser and a squatter in Maryland?
A trespasser enters your property and stays without permission and without a plan to make it their residence. They have no legal right to your property and can often be removed with little delay by simply calling the authorities.
On the contrary, someone who enters an abandoned or inhabited property without the consent of the owner is called a squatter. Maryland law gives some legal rights to squatters, especially if they’ve occupied the property for a lengthy duration and satisfy requirements for adverse possession (including uninterrupted and exclusive use for at least 15 years). Though squatters are trespassing initially, their legal position can change and become more difficult for owners, so it is important to address squatters quickly.
Can I kick someone out of my house in Maryland?
Maryland is not a state where you can just “kick someone out” of your house, but more so if they occupy the property with your consent. If they are a guest or tenant, you have to follow specific legal procedures to get them removed. This is similar to how you cannot just drag someone off your premises, as you would have needed to serve them with notice and obtain a court order. This can only change if they are trespassing, which you report to law enforcement, not remove yourself.
How long does it take for squatters’ rights to apply?
For example, in Maryland, a squatter could claim squatter rights or adverse possession after continuously occupying a property for 15 years without permission from the owner. But in some states, squatters can gain short-term protections just for staying a month or less, with conditions such as paying to keep on certain utilities or maintaining the property. The key fact is that squatters must occupy the property openly, continuously, and without the property owner’s permission to eventually establish legal title.
How long can a guest stay in Maryland before they become a tenant?
In Maryland, once a guest has stayed with you for an extended period, if you do not act to remove them or define a guest-host relationship, that guest could become a tenant rather than a guest. The state does not have a magic number of days that would automatically change a guest into a tenant. However, if they remain for more than 30 days, they could start to acquire tenant rights under Maryland landlord-tenant law, particularly if they help pay the rent or habitually spend the night at the property. As a result, evicting a tenant is more cumbersome than getting rid of a guest, with steps that require legal action, like filing an eviction lawsuit. If you wish to not make someone a tenant, you must create a lease or get them to leave within 30 days.
What Property Owners Need to Know About Squatter Rights in Maryland
The presence of squatters in property has been an overwhelming and potentially damaging issue for property owners across Maryland. Many misunderstandings about squatter rights in Maryland could be a thing—property owners must understand squatters’ and squatters’ rights issues to keep their homes and investments safe!
A squatter is someone who unlawfully occupies an abandoned or unoccupied building. Although squatting may be viewed as a form of trespassing, squatters’ rights in Maryland can grant squatters certain legal rights with time, particularly if they fulfill other criteria, such as continuous occupation. Knowing these rights lets you know what to do if your property is seized.
In Maryland, squatters might be able to take advantage of what’s called adverse possession—a legal principle that lets someone become the owner of a property after living there for a specified amount of time under certain conditions. These laws can be tricky, so property owners should familiarize themselves with when they might need to consider a squatter a legal occupant and how to deal with the situation.
30-Day Squatter’s Rights in Maryland: What it Means for You
The 30-day squatter’s rights in Maryland rule is one of the critical things Maryland property owners need to know. This rule pertains to how much time a squatter must have lived in a property to potentially grant him or her legal rights under certain conditions. If someone has been living with you in a home without your permission for 30 days or more, it can complicate your ability to kick them out.
Though 30 days is the minimum time a squatter could legally stake a claim, the situation is more complex. These are the circumstances in which the squatter is paying rent or providing some maintenance for the property, which qualifies them as a tenant instead of a squatter. Squatters in Maryland who go onto someone else’s land and openly use it as if it is theirs may be able to claim ownership if they also meet other legal conditions.
Property owners should take action as soon as they suspect squatters since the situation can quickly escalate out of their control if the 30-day squatter’s rights in Maryland threshold is reached.
How to Evict a Squatter in Maryland (STEP-BY-STEP GUIDE)
If dealing with a squatter, you must take legal action to remove them from your property. Here’s a step-by-step breakdown of how to evict a squatter in Maryland:
Assess the situation: The first step is determining whether the person using your property is a squatter or a guest. You can ask them to leave if they’re a guest. But you’ll have to go through the legal eviction if they’re a squatter.
Step 1: Serve a Written Notice To start evicting a squatter, you’ll first need to serve them with a written notice to vacate. This letter tells the squatter that they have to vacate the premises. If they do not leave within a certain time (generally 10 days), you proceed to the next step.
File a Complaint in a Court: If the squatter refuses to vacate the premises, the next step is to file a complaint within a district court. You will formally petition the court to issue an order to evict the squatter. You must prove that you own the property and that the squatter lives in it without your permission.
Listen to Your Court Date: The court will set a hearing after you file your complaint. The court then considers the case and determines whether to issue an eviction order. If the squatter fails to appear in court, the judge may issue a judgment in your favor.
Getting an Eviction Order: If the decision is in your favor, you will obtain an eviction order. This gives law enforcement the ability to remove the trespasser from your property. You cannot go in yourself and evict a squatter; only authorized personnel may do that.
You Have to Follow the Law: You must follow the legal procedures of the State of Maryland throughout this process. You could be legally accountable if you attempt to remove a squatter without going about it correctly.
Consequences of Squatter’s Rights in Maryland for Property Owners
As a property owner, it is crucial to be aware of squatter rights in Maryland to protect your property. Although generally considered illegal and described as a crime, squatters in Maryland can actually make claims to property they occupy under certain conditions. Under specific legal conditions, a squatter may obtain property ownership through a legal doctrine known as adverse possession.
Here are the requirements for a squatter to claim adverse possession in Maryland:
Continuous possession: The squatter must live on the property without interruption for a specific period (usually 15 years).
Exclusive use: The trespasser must possess exclusive dominion over the property, treating it as their own.
Open and notorious: The squatter’s presence on the property must be apparent and not hidden.
Hostile: The squatter must occupy the property without the owner’s permission.
If the squatter can satisfy all of the following conditions, he may be able to bring a claim to take legal title to the property. There you have it: the importance of evicting squatters as soon as possible to establish full ownership of your property.
Why Do Squatters Have Rights in Maryland? Legal Insights for Homeowners
It seems odd that squatters can get rights in a property that isn’t theirs. However, squatter rights in Maryland are based on the legal concept of adverse possession, which rests on the belief that property should not stay abandoned for long. The law aims to incentivize the use of property and discourage the abandonment of vacant structures.
(If a squatter occupies a property openly, and the property owner doesn’t intervene, the squatter may eventually be able to claim the property.) This is common when a property owner avoids maintaining or checking on their property for a while.
As annoying as it can be, squatters’ rights exist to help ensure that land is being put to productive use and not neglected or falls into disrepair. Hence, property owners need to take immediate steps to mitigate their property and prevent squatters from obtaining a claim.
Can the Police Remove Squatters in Maryland? Your Rights Explained
A frequently asked question by property owners is whether police can remove squatters in Maryland. Unfortunately, the police won’t just come and remove squatters for you. Under Maryland law, property owners must take legal action to evict a tenant, including filing a court case and obtaining an eviction order.
Although police may help carry out an eviction order after the court grants it, they do not have the authority to remove squatters until the legal process is completed. Property owners must remove squatters from the property through the proper legal channels.
Maryland Squatter Rights: An Overview of the Process
Avoiding squatters in Maryland can be a lengthy and drawn-out process. But, to protect your property, you need to understand the legal process behind squatter rights. Here’s what you can do to manage the situation:
Time Is Vital: Act quickly if you suspect squatters on your property. The more time a squatter spends on the property, the more difficult it will be to get them out.
Call in the Experts: Work with some type of landlord-tenant attorney to learn how to evict tenants. They can help you understand your rights and what to do next.
Secure the Property: Reinforcing your property can prevent squatters in the first place. These can range from putting in fences and security systems to checking the property frequently.
Squatter Law in Maryland 2024 — What Property Owners Need to Know
Dealing with squatters legally involves following the correct steps and acting within Maryland’s legal framework. Here’s what to do about squatters in Maryland legally:
Document Everything: Keep records of the squatters, including written notices and communications.
Follow Eviction Process: As described above, follow the formal eviction process and do not take the law into your own hands.
Do be Ready for Potential Legal Issues: In some scenarios, squatters might dispute the eviction proceedings. Otherwise, be ready to fight in court if you have to.
Know Their Legal Rights: The Truth About Squatters in Maryland
For property owners, one must understand the legal rights of squatters to safeguard one’s investments. Sure, it may sound like a felony — I didn’t say it was a crime; it just sounded like a crime to be a squatter — you don’t have to tell squatters they have rights. As a property owner, you must act promptly and legally remove squatters from your property before they obtain legal rights to your property.
Everything You Need to Know about Evicting Squatters in Maryland
If you are a property owner and have squatters, state law requires that you lawfully follow a legal process to evict them from your premises. This knowledge will prevent complications and protect their properties by understanding squatter rights in Maryland and the steps required for this eviction process. Knowing your rights and responsibilities is the first step to taking the appropriate actions, whether it’s a temporary wayward guest or a long-term squatter.