Squatters’ rights and adverse possession in Maryland create serious risks for landlords. For instance, imagine an owner leaving a Baltimore rowhome empty, only for someone to move in, change the locks, and attempt to claim ownership. This scenario could trigger months of court filings, lost rent, and property damage.
In this article, we’ll go over how Maryland defines squatters, how adverse possession works, and the legal steps you can take to regain control before these problems escalate. Keep reading to learn how you can defend your property against nightmare squatting scenarios.
What is a squatter?
A squatter is an unauthorized resident who moves into a property without the owner’s consent or a legal right to stay. Squatters never sign a lease agreement or establish a landlord-tenant relationship, and landlords can’t remove them without taking legal action.
Picture someone entering a vacant townhouse during a renovation, moving their belongings in, and making themselves at home. That person counts as a squatter because they lack the owner’s approval, hold no lease, pay no rent, and assert unlawful control over the property.
Key Differences Between Squatters and Trespassers
Understanding the differences between squatters and trespassers is essential to protecting Maryland landlords from nightmare scenarios. Here are a few key differences between the two:
Squatters
- Move into a property and stay for an extended period of time without a lease or approval
- Attempt to assert legal occupancy or ownership rights over time
- Require landlords to pursue a formal court eviction instead of immediate removal
Trespassers
- Enter the property without permission, but leave after a short stay
- Don’t claim ownership or long-term residency
- Can be removed right away by law enforcement
Essentially, squatters occupy Maryland property long-term and require a legal eviction to be removed, while trespassers enter briefly and can be removed immediately by law enforcement.
What are squatters’ rights?
Squatters’ rights in Maryland refer to the limited legal protections that unauthorized occupants can gain by staying on a property without permission for an extended period. These laws stem from Maryland’s adverse possession regulations, which encourage active use of land.
These rights don’t necessarily mean that you can remove squatters immediately. Instead, you’ll have to pursue an eviction in civil court. As such, landlords should constantly monitor their properties and take swift action against squatters if they are discovered, to prevent them from establishing a claim.
Can a squatter actually claim legal rights to a property?
Believe it or not, squatters can acquire legal rights to property after meeting certain conditions and living on the property for an extended period. However, the process requires strict proof and rarely succeeds, so landlords can easily maintain control of their properties.
Adverse Possession Laws in Maryland
Adverse possession in Maryland gives squatters a legal, though challenging, route to claim ownership after meeting these strict requirements over time:
Actual: The squatter must occupy and use the property as an owner would, such as by making repairs and receiving mail.
Open and notorious: The squatter must not attempt to hide their residence on the property and must live there in such a way that any reasonable owner would notice.
Hostile: The squatter cannot live on the property with the original owner’s permission.
Exclusive: The squatter must control the property alone and cannot share it with any other squatters (or the original owner).
Uninterrupted: In Maryland, the squatter must live on the property for at least 20 continuous years without breaks.
Supporting law: Md. Cts. & Jud. Proc. § 5-103 (2024)
Occupancy Time Requirements for Adverse Possession
Squatters must meet the conditions above and occupy a property continuously for at least 20 years before they can claim ownership via adverse possession. Any absence or owner action to retake possession resets the clock and defeats an adverse possession claim.
For example, a squatter who occupies a vacant home in Baltimore County for only 5 years before removal cannot successfully claim adverse possession. Their stay falls far short of Maryland’s 20-year requirement to transfer property rights.
Supporting law: Md. Cts. & Jud. Proc. § 5-103 (2024)
Does the squatter need to have a color of title to claim adverse possession?
Color of title refers to a written document that appears to transfer ownership but contains a legal defect, such as an incomplete or incorrect deed. For instance, if a Maryland buyer pays for and receives a deed with the wrong lot number and assumes they have rightful ownership, they possess a color of title.
Though many states require squatters to hold a color of title to pursue adverse possession claims, Maryland is not one of them. Holding a color of title also does not shorten the 20-year time requirement, though it may help strengthen a squatter’s claim in court.
Supporting law: Md. Cts. & Jud. Proc. § 5-103 (2024)
Does the squatter have to pay property taxes for adverse possession in Maryland?
Similarly, many states require squatters to pay property taxes to claim adverse possession, but Maryland does not. However, landlords should still stay current on tax payments to avoid ownership disputes and liens.
Paying property taxes does not reduce the 20-year adverse possession time requirement in Maryland. Like holding a color of title, though, paying property taxes can support a squatter’s claim when all other conditions are met, so landlords should always ensure they pay taxes on time.
Supporting law: Md. Cts. & Jud. Proc. § 5-103 (2024)
How to Legally Remove Squatters from Your Property
If you discover a squatter living on your Maryland property, you’ll have to take quick action and follow specific steps to remove them legally. Here’s what you need to know:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe to do so, consider speaking directly to the squatter and try to convince them to leave voluntarily. You can offer a cash-for-keys agreement, negotiate moving help, or set a firm deadline so you can avoid the hassle of lengthy court proceedings.
Important: Never attempt self-help eviction methods, such as lockouts or utility shutoffs. Self-help evictions are illegal nationwide and could lead to fines, criminal charges, or a dismissal of your eviction case.
Step 2: Get in Touch With Local Law Enforcement
If you can’t speak with the squatter, reach out to law enforcement and request an officer visit the property. Police may classify the individual as a trespasser rather than a squatter, and if so, they can remove the person immediately without forcing landlords to pursue a civil eviction process.
Step 3: Serve the Squatter a 7-Day Notice to Quit
If Maryland police cannot remove the squatter, you’ll need to treat them like a tenant and start an eviction. First, you’ll serve a 7-Day Notice to Quit, which formally orders the occupant to leave before you take legal action.
Step 4: File a Complaint for Wrongful Detainer Against the Squatter
Should the squatter remain on your property after the notice deadline passes, you’ll need to file a Complaint for Wrongful Detainer in the local district court of your rental. This officially starts the Maryland eviction process and sets a court date for a hearing.
Step 5: Present Your Case in Front of a Judge
When you go before the judge, you’ll need to present strong proof to show both your rightful ownership and the squatter’s unlawful presence. Common evidence includes:
- Deeds or records of title
- Photos and videos of the squatter’s presence on the property
- Utility bills in your name
- Witness statements from neighbors or contractors
During the hearing, the squatter will also present evidence in their favor, such as color of title, proof of long-term occupancy, or property tax payments. The judge will carefully review all evidence before deciding on ownership of the property.
Step 6: Obtain a Warrant of Restitution Authorizing Removal of the Squatter
If the judge determines that you’re the rightful owner, they will issue a Judgment for Possession. This document allows you to request a Warrant of Restitution from the district court, authorizing the sheriff or constable to remove the squatter from the property and restore possession to you.
The squatter gets up to 4 days to appeal the decision, after which time law enforcement will proceed with the eviction.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
The Warrant of Restitution grants law enforcement the authority to remove the squatter from your property physically. The sheriff or constable will serve notice at the property, then return after a given time period (typically a few days) to enforce removal.
If the squatter leaves behind any personal belongings, certain legal restrictions apply in Baltimore City and Montgomery County. Otherwise, landlords can dispose of these items as they see fit.
Next, you’ll need to secure your property immediately by changing your locks, fixing any damages, and scheduling regular inspections to prevent squatters from moving in again.
Now that you know how to remove a squatter, let’s move on to some practical tips that help landlords prevent squatters from occupying their properties.
Tips for Preventing Squatters from Occupying Your Property
Though it may go without saying, it’s easier to prevent squatters from moving into your property than it is to remove them later. Follow these steps to protect your rental from squatters:
Inspect the property regularly: Visit the property often and look for signs of forced entry or unauthorized occupancy. Regular checks demonstrate active ownership and deter trespassing.
Install security cameras: Place visible cameras at entry points and common areas to deter squatters from setting foot on your property. The footage can also serve as proof in the event of a court case.
Act quickly against trespassers: If someone enters your property without permission, respond immediately and contact law enforcement. Quick action prevents short-term trespassers from moving in and claiming the right to stay.
Secure all entry points: Lock doors, reinforce windows, and promptly repair any broken hardware. Strong security signals consistent property oversight and discourages squatters who are on the lookout for an easy mark.
Maintain the property: Keep your lawns trimmed and any other repairs up to date. Well-maintained Maryland properties appear occupied rather than neglected and vacant, preventing squatters from settling in.
Fill vacancies quickly: Since squatters typically target vacant properties, make sure your properties are occupied as often as possible by marketing vacant rentals across dozens of listing platforms.
Screen future tenants thoroughly: Use TurboTenant to check all tenants’ criminal, credit, and eviction history to ensure you’re renting to trustworthy individuals who won’t become holdover tenants or invite unwanted residents.
Digital Tools to Help Landlords Thwart Squatters
Property owners can easily navigate squatters’ rights and adverse possession in Maryland by keeping clear, detailed records and taking quick action.
Reliable property management software can help landlords track occupancy, store documents, and respond quickly before ownership disputes can escalate.
Create your free TurboTenant account today and take control of your rental property operations.
FAQs: Squatters’ Rights & Adverse Possession Laws in Maryland
How long does it take a squatter to claim property rights in Maryland?
Maryland requires a squatter to occupy a property continuously for at least 20 years before they can claim adverse possession. The possession must also be actual, open and notorious, hostile, exclusive, and uninterrupted. An extended absence or eviction resets the 20-year clock.
Can landlords remove squatters legally without taking legal action?
No, Maryland landlords cannot remove squatters from their properties without taking legal action, though police may remove trespassers immediately. If the person has lived on the property for an extended period and has established squatters’ rights, legal action is required.
What’s the difference between a squatter and a holdover tenant?
A squatter enters a property without permission and never signs a lease, while a holdover tenant once legally rented a property but remains after the lease ends. In Maryland, landlords must follow different procedures to evict squatters and holdover tenants.
Can a landlord turn off power or change locks to remove a squatter?
No, Maryland landlords cannot shut off utilities or change locks to force the squatter to leave. Instead, they must follow formal eviction proceedings and obtain a Warrant of Restitution, which authorizes the sheriff or constable to physically remove the squatter. Self-help evictions may lead to penalties.