Dealing with Squatters in Maryland: How to Remove an Unauthorized Occupant Before a Sale

Quick summary: If someone is occupying your Maryland property without permission, do not use force or change locks yourself. Contact local law enforcement if there is criminal trespass, and start a civil removal (forcible entry and detainer / unlawful detainer) in District Court so you can obtain a court order (writ of restitution) for lawful removal. Follow legal steps quickly to protect a pending sale and avoid creating an adverse possession claim.

Detailed answer — what typically happens and the legal steps under Maryland law

When an unauthorized person (commonly called a squatter) occupies real property, two parallel legal tracks can apply in Maryland:

1. Criminal response (immediate, police): If the person is trespassing and the situation feels unsafe or violent, call the police. Officers can remove someone for trespass or related criminal conduct when appropriate. Criminal intervention is immediate but not a substitute for the civil eviction process if the occupant asserts some tenancy or refuses to leave.
2. Civil removal (court-ordered): To regain legal possession and clear title for a sale, the owner (or the party entitled to possession) must normally bring a civil action — usually a forcible entry and detainer or unlawful detainer action — in the Maryland District Court. If you obtain a judgment for possession, the court issues a writ of possession or writ of restitution that the sheriff will execute to remove the occupant.

Why you should follow the court process

Maryland law makes self-help removal (changing locks, throwing out a person’s belongings, or physically evicting someone) risky. Doing so can expose the owner or seller to civil liability, criminal charges, and delays in the sale. Using the District Court process creates a documented, enforceable result that can be used to show a buyer (or mortgage lender) that you have clear possession and title.

Steps to remove a squatter before a sale (practical sequence)

1. Document everything: Take dated photos showing occupancy (lights on, curtains, personal property), note dates of first discovery and any communication with the occupant, and keep copies of notices sent. Evidence is crucial if the occupant claims tenancy or adverse possession later.
2. Notify the occupant in writing: Serve a written demand to vacate. If the person claims to be a tenant, you may need to follow Maryland landlord–tenant notice rules (different notice times and procedures apply for tenants vs. trespassers).
3. Call police if there is a current trespass or safety threat: Police can remove an unlawful entrant immediately in some situations. If the occupant claims a tenancy, police often regard removal as a civil matter and will direct you to the court process.
4. File an action in District Court: File a forcible entry and detainer / unlawful detainer claim in the District Court for the county where the property is located. The courts handle landlord–tenant and ejectment-type disputes at that level. For information from the Maryland Judiciary about this process, see: https://www.courts.state.md.us/district/landlordtenant
5. Serve the occupant and attend the hearing: The court will schedule a hearing. Bring your documentation. If you win, the court will issue judgment for possession and, if appropriate, damages and costs.
6. Writ of possession and sheriff execution: After judgment, request and obtain a writ of possession (writ of restitution). The sheriff will serve and, if necessary, physically remove the occupant and provide the property back to you under court authority.

Special situations to watch for

• Someone claiming to be a tenant: If the occupant claims a lease (even oral), you must follow applicable landlord–tenant eviction rules. Those rules can require specific notices and timelines. The Maryland Judiciary page on landlord–tenant cases is a good starting point: https://www.courts.state.md.us/district/landlordtenant
• Squatters who may assert long-term possession: In limited circumstances, a squatter who occupies property openly, continuously, exclusively, and adversely for the statutory period might try to claim title by adverse possession. To reduce that risk, act quickly to document and remove the occupant and change locks once the court returns possession. For Maryland statutory law and the Real Property code, see the Real Property Article of the Maryland Code: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=realp
• Pending sale or closing: If your property is under contract to sell, the buyer typically expects delivery of possession at closing. Notify the buyer and your escrow/closing agent immediately. The buyer may delay closing until you have legal possession, agree to a credit, or the parties may include escrow protections. Don’t sign documents purporting to transfer possession to a buyer while an unauthorized occupant remains without a court order.

How long does removal take?

Timelines vary. Police removals can be immediate in criminal trespass cases. The District Court civil process typically moves on an accelerated schedule for forcible detainer, but you should expect at least days to weeks from filing to sheriff removal depending on court schedules and whether the occupant contests. Start the process promptly to protect a sale.

Costs and possible outcomes

• Court filing fees and possible sheriff fees for service and execution.
• If you obtain a judgment, you may recover damages and court costs against a squatter, but recovery can be difficult if the occupant lacks assets.
• Criminal trespass charges, when applicable, are pursued by law enforcement and the State; they can deter repeat conduct but do not substitute for civil possession relief.

Preventing future squatting and protecting a sale

• Secure vacant property with robust locks, boarded windows where legal, and alarm systems once you have lawful possession.
• Visit the property frequently or hire a local property manager for regular checks.
• Promptly remove abandoned personal property only after following the court’s order or allowed statutory notice procedures.
• Consider insurance and title company protections; notify your title company and real estate agent immediately about any occupancy issues prior to closing.

Helpful hints

• Do not use force, change locks, or remove possessions without a court order. Self-help evictions can lead to liability.
• Act quickly: the longer someone occupies a property, the more complicated removal and title clearance can become.
• Document everything (photos, dates, messages). Courts rely on evidence to decide possession disputes.
• If the occupant claims tenant status, treat the situation as a landlord–tenant matter and follow Maryland’s eviction procedures.
• Alert the buyer and lender early if a sale is pending. Buyers or lenders may require clear possession before closing.
• Use the Maryland Judiciary’s landlord–tenant resources to understand local filing steps: https://www.courts.state.md.us/district/landlordtenant
• For statutory background on property law, including adverse possession concepts, consult the Maryland Code (Real Property Article): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=realp