The footage from New York City circulated widely in early 2024: a homeowner, standing outside her own property, being warned by police that she could be arrested for changing the locks — while the man who had moved in two days prior was being protected as a de facto tenant. The case is extreme, but the legal framework that produced it is real. Here’s what property owners need to understand.
How Did This Become Possible?
The New York case emerged from a collision between two legal principles: landlord-tenant protection law (which prevents self-help eviction even of people who haven’t paid rent) and adverse possession doctrine (which originated to address genuinely abandoned land). In states like New York and California with strong tenant protections, courts have interpreted these statutes to require formal eviction proceedings even for people who never had a legitimate tenancy — provided they can produce any documentation suggesting a rental relationship.
The specific mechanism: sophisticated squatters present forged lease agreements or manufactured rental receipts to police, which converts a criminal trespass matter (immediate police action) into a civil landlord-tenant dispute (courts, filings, timelines). The homeowner in the viral video had a trespasser on day two; the documentation question turned it into an eviction matter.LegalMatch’s adverse possession overviewexplains how these laws vary by state.
Maryland’s Framework: More Protective Than New York
Maryland law is more directly protective of property owners in these situations.Maryland Real Property §8-401establishes a clear trespass framework — a person who enters without permission or legal right is a trespasser, not a tenant, and police can act on a trespass complaint without requiring landlord-tenant proceedings.
Maryland’s adverse possession statute requires20 yearsof continuous, open, hostile, and actual possession before any legal claim can be established — far more than most states. Short-term squatting, regardless of how long it’s ignored, cannot create a legal ownership claim in Maryland on any reasonable timeline.
The risk comes when squatters successfully present documentation (real or fraudulent) suggesting a tenancy existed. At that point, even Maryland courts may require formal proceedings. ThePeople’s Law Library of Marylanddocuments the formal eviction process, which even for uncontested cases takes 30-60 days minimum.
The Practical Prevention Checklist
The most effective protection is prevention — making your property an unattractive and difficult target:
Never leave property vacant and unmonitored.Monthly inspections minimum; weekly for higher-risk vacant properties
Maintain active utilities in your name.Active accounts document continuous ownership and use
Install and register security cameras.Documented surveillance footage showing no prior occupancy is powerful evidence that no tenancy existed
Secure all entry points.High-quality deadbolts, secured windows, garage door security — making entry difficult reduces attractiveness as a target
Post visible no-trespassing signs.Under Maryland law, posted signs eliminate the “I didn’t know” defense and strengthen trespass prosecution
Have neighbors or property managers document visits.Written logs with dates and photos provide an evidence trail
If You Find Someone in Your Property
CallMontgomery County Policenon-emergency line to file a trespass complaint — do not call 911 unless there is immediate danger
Donotchange locks or remove belongings without legal advice — even in Maryland, self-help eviction has legal risks
Document everything immediately: photos, video, witnesses
If police treat it as a possible tenancy dispute, contact a Maryland property attorneysame day—Maryland State Bar Association Lawyer Referral Servicecan connect you quickly
If a tenancy is claimed, begin formal eviction proceedings immediately rather than waiting —Maryland District Court landlord-tenant filingsare handled at the local courthouse
Frequently Asked Questions
Can squatters take your house in Maryland?
No within any reasonable timeframe. Maryland requires 20 continuous years of adverse possession for any legal claim. The practical risk is a squatter using fraudulent documentation to force a formal eviction proceeding, which takes 30-60+ days.
Can a landlord change locks on a squatter in Maryland?
If there is clearly no tenancy relationship, yes — but get legal advice before acting. If there’s any ambiguity about whether a tenancy existed, self-help remedies (changing locks, removing belongings) can expose you to liability. When in doubt, file formally.
What is the best way to protect vacant property in Montgomery County?
Monthly inspection, active utilities in your name, visible security cameras with recording, secured entry points, and a documented visit log. Make the property an active, monitored presence — not an abandoned or easy target.
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