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Can You Remove Squatters Without a Wrongful Detainer Action in Baltimore?
Recent Maryland news reports have shared stories of private contractors who try to evict squatters and/or unauthorized occupants of residential property through what they describe as "street justice." Tactics include removing doors or windows, towing vehicles, and otherwise trying to pressure the occupants into leaving.
For property owners, landlords and/or residential property management companies, these methods create serious legal and safety risks. Even when occupants have no legal right to be in a home or apartment, there is major risk when a property manager contracts a third party to force people out without using the legal system.
When police refuse to remove someone from a property because the person falsely claims residency or shows police a fabricated lease, the best response is usually a wrongful detainer action. A Baltimore landlord-tenant dispute attorney can help landlords and management companies decide which legal avenues are best to get back possession of your property.
What Is a Wrongful Detainer Action in Maryland?
Under Maryland Real Property § 14-132, "wrongful detainer" means holding possession of real property without the legal right to possess it, often known as "squatting."
When this happens, property owners, landlords and/or residential property management companies or another person entitled to possession may file a written complaint in the District Court for the county where the property is located. This is the start of a wrongful detainer action. The District Court then immediately summons the person in possession to come to court within 10 days and explain why they shouldn’t have to leave the property.
Property owners, landlords and/or residential property management companies should be prepared with evidence showing the right to possession and the occupant’s lack of the same right. Useful evidence includes:
- The deed or ownership records
- The property management agreement
- Current and prior leases
- Tenant ledgers and occupancy records
- Communications with the occupant
- Photographs, inspection records, and lockbox records
- Statements from leasing agents, contractors, or neighbors
- Proof that a lease is fake
If the court finds that the property owner, landlord and/or residential property management company is legally entitled to possession, the court enters a judgment for restitution. This is followed by a warrant of restitution directing the sheriff or constable to deliver possession of the property.
Why Is "Self-Help" Squatter Eviction Risky?
Even if a property owner, landlord and/or residential property management company is certain that a lease is fraudulent or that an unauthorized occupant has no legal right to possession for a specific property, taking action without a court order can expose the owner and/or landlord to legal trouble and serious safety risks.
This becomes especially problematic when the unauthorized occupant presents a lease that appears valid on its face as police officers responding at the property may not be able to tell whether the lease is real or whether a landlord-tenant relationship exists, and therefore are unable to intervene.
A wrongful detainer case places that dispute before a judge. It also creates a documented legal process that is easier for property owners, landlords and/or residential property management companies to defend than an improvised removal effort.
How Should Residential Property Management Companies Respond to and Prevent Squatters?
Companies managing substantial residential portfolios should have a written response plan for unauthorized occupancy. That plan should include:
- Regular inspections of vacant units
- Prompt removal of old lockboxes
- Secure access controls
- Centralized lease records
- Immediate legal escalation when contractors or leasing agents discover an unknown occupant
An attorney with experience in landlord/tenant issues is an essential ally in protecting property owners’, landlords’ and/or residential property management companies’ property rights. At Silverman Thompson, we help property owners, landlords and/or residential property management companies respond to urgent unauthorized occupancies and create a plan for dealing with squatters as quickly and efficiently as possible.
Call a Baltimore, MD Real Estate Attorney for Landlords
Unauthorized occupants cause enormous problems for property owners, but attempting to force them out without a court order may only create more problems.
The Baltimore County landlord/tenant dispute lawyers at Silverman Thompson represent single property owners to large property management companies. We can evaluate disputed occupancies, file the appropriate possession action, and work to recover control of the property through a court order. Call 410-385-2225 to schedule a consultation.







