The national squatter epidemic has generated some genuinely disturbing headlines — homeowners in New York arrested for changing locks on people who moved into their homes without permission. The question Kevin gets asked: could this happen in Maryland? Could it happen in Montgomery County? The answer requires understanding how adverse possession and landlord-tenant law actually work in this state.
How Squatter’s Rights Actually Work
The legal framework that makes squatting difficult to address quickly comes fromadverse possession law— a doctrine that originated in 19th century property law to address truly abandoned land. The original purpose was reasonable: land sitting completely unused and unclaimed for decades could eventually be claimed by someone actively using and improving it. The modern problem is that in some states, courts have extended tenant-protection laws in ways that make removing trespassers procedurally similar to evicting actual tenants.
In the viral New York case, police treated the homeowner’s lockout of a 2-day occupant as a landlord-tenant dispute — which in New York required court proceedings rather than immediate police action.
Maryland’s Legal Framework
Maryland is generally more homeowner-friendly than New York on this issue, but the protections aren’t absolute. UnderMaryland Real Property Article §8-401, a person who enters property without permission is a trespasser, not a tenant — and trespassers can be removed by police without court proceedings. The key distinction: if someone can demonstrate a landlord-tenant relationship (a lease, proof of rent payment, written permission to occupy), the standard eviction process applies. If there is no such relationship, it’s a criminal trespass matter.
Maryland’s adverse possession statute requires20 continuous yearsof open, notorious, hostile, and actual possession to establish a claim — far longer than most states and not a near-term risk for most homeowners.
How Squatters Establish “Rights” Quickly
The risk in practice comes from fraudulent lease documents. Sophisticated squatters use fake lease agreements, forged signatures, or manufactured “rental receipts” to create the appearance of a landlord-tenant relationship. This is what converts a trespass matter into an eviction matter — which means courts, timelines, and legal costs. InMontgomery County courts, even uncontested evictions take 30-60 days minimum from filing to writ of possession.
How to Protect Your Montgomery County Property
For vacant properties and investment properties:
Inspect regularly — monthly at minimum
Install visible security cameras (Ring, Arlo, or similar) and post security signage
Ensure all entry points are secured — doors, windows, garage
Maintain active utility accounts (water, electric) in your name to demonstrate active ownership
Keep mail collection current or use mail forwarding
Have a neighbor or property manager check regularly and document visits
If you discover a squatter:
Do NOT change locks yourself without consulting an attorney first — Maryland law protects you better than New York, but the procedures matter
Call Montgomery County Police to file a trespass complaint
Document everything — photos, dates, witnesses
If police decline to remove (citing potential landlord-tenant dispute), contact a Maryland real property attorney immediately.Maryland State Bar Associationhas a referral service
Frequently Asked Questions
Can squatters take your home in Maryland?
Not easily. Maryland requires 20 continuous years of adverse possession to establish a legal claim — far more than most states. The more realistic risk is a squatter using fraudulent lease documents to convert a trespass matter into an eviction proceeding, which takes 30-60+ days to resolve.
What should I do if I find a squatter in my Montgomery County property?
Call police to file a trespass complaint. Document everything. Do not change locks without legal advice. If police treat it as a landlord-tenant matter, contact a Maryland real property attorney immediately.
How do I protect a vacant property from squatters?
Regular inspections, visible security cameras, secured entry points, active utilities in your name, and documented regular visits are the most effective preventive measures.
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