Baltimore City Squatters Rights & Eviction Process

Disclaimer: this is legal information and not legal advice per Md. Code, Real Property § 14-132, updated 3/15/2022

What is A Squatter:

A squatter is someone who occupies a property without the owner's permission or a lease, and without any legal claim or title to the property. Squatters often target unoccupied properties, such as vacant homes, abandoned buildings, foreclosed properties, or unused land. They may break in to establish residency through continuous occupation, and may gain "squatter's rights" over time.

At What Point does a Squatter Gain Rights in Baltimore:

To claim adverse possession, a person must meet several criteria that demonstrate possession of the property is:

Continuous: The claimant must occupy the property without interruption for a period of 20 years.
Hostile: Their occupation is without the permission of the legal property owner.
Exclusive: The property must be used only by the claimant and not shared with others.
Open and Notorious: The use of the property is obvious to anyone, including the property owner.

These elements must be present for the entire period required by Maryland law.

How to Start the process of Legally Evicting a Squatter in Baltimore:

Step 1: Start the Court Process for a “wrongful detainer by filing a complaint for wrongful detainer in the district court where they are squatting. The complaint should include what action you would like for the court to take, as well as any monetary damages you have incurred as a result of the squatter.

Upon receipt of the filing, the court will send a summons to the squatter with a court date. The summons is an opportunity for the squatter to explain why the court should not grant your request for action and reimbursement of damages.

If the person serving the summons is unable to find the squatter to serve them in-person, then they will attach the summons in a visible place on the property and send an additional copy of the summons via mail.

If the process server can't find the Defendant to serve them in-person, then the process server must attach a copy of the summons in a visible place on the property. The process server must also send a copy to the Defendant by first-class mail.

How do Squatter Trials Work in Baltimore?:

Either the property owner or the squatter can request a jury trial in lieu of a judge trial. This would move the hearing to the circuit court.

If you win the case, the Sheriff will remove the squatter. You may also be awarded money for damages including court costs and attorney fees if the summons was properly submitted.

If you or the squatter wish to appeal the decision of the court, an appeal must be submitted within 10 days of the judgement. Appeals must be filed in the circuit court of the property.

In the case of an appeal, the squatter could keep possession of the property until the appeal is resolved if the squatter:

1. Files and Affidavit that the appeal is not for the purpose of delaying eviction; AND:

2. Files a bond, or pays all of the following:

a. Fair rental value of the property for the period between possession and judgement

b. All court costs in the case

c. All losses or damages that the court determined to be due because of the wrongful possession.

d. Fair Rental Value of the property during the length of the appeal

On request by either party, the court must set a hearing date for the appeal that is not less than 5 days or more than 15 days after you apply for appeal. Notice of the hearing must be served on the parties or the parties' attorneys not less than 5 days before the hearing.

If the circuit court decides in favor of the person who is asking for the guest or squatter to leave, then the circuit court will order the sheriff to evict the guest or squatter.