Maryland Squatters Rights: Protecting Your Investment as a Landlord

Imagine discovering that someone has taken up residence in your vacant rental property — and then realizing they may have legal grounds to stay. For landlords in Maryland, this isn’t just an urban legend. Under certain conditions, squatters can claim legal ownership of your property through adverse possession.

It's important for landlords navigating the complexities of property management in Maryland to understand these laws and take proactive steps to protect their property.

What are squatters rights in Maryland?

Squatters’ rights, legally referred to as adverse possession, allow an unauthorized occupant to claim ownership of a property if specific conditions are met over 20 years of continuous occupation. This legal concept, known as claiming adverse possession, is rooted in encouraging the productive use of land and discouraging neglect.

While adverse possession laws benefit squatters under strict requirements, they can also pose serious risks to landlords.

Tenant vs. squatter distinctions

Understanding the differences between tenants and squatters is important in property law, as the rights and legal procedures applicable to each category can significantly differ.

Key differences between tenants and squatters

Tenants and squatters have distinct rights and obligations under the law. Here are the key differences:

1. Permission: Tenants have permission from the property owner to occupy the property, while squatters do not.
2. Lease agreement: Tenants have a lease agreement that outlines the terms of their occupancy, while squatters do not.
3. Rent payment: Tenants pay rent to the property owner, while squatters do not.
4. Property taxes: Tenants may be responsible for paying property taxes as part of their lease agreement, while squatters are not.
5. Eviction process: The eviction process for tenants is different from that for squatters. Tenants have more rights and protections under the law, requiring landlords to follow specific legal procedures to evict them.

The financial impact of squatters on landlords

Squatters can pose significant financial risks to landlords, often turning a valuable property into a costly liability. One of the most immediate concerns is property damage, as squatters may neglect basic upkeep or intentionally damage the premises. Repairs can quickly add up, especially if the damage includes structural issues, broken utilities, or vandalism.

Beyond physical harm, squatters can lead to lost rental income, as the property remains occupied unlawfully and unavailable for legitimate tenants. This disruption can be particularly damaging for landlords relying on consistent rental payments to cover mortgages or other expenses.

Legal costs also weigh heavily on landlords dealing with squatter situations. From filing eviction lawsuits to covering attorney fees, the financial burden of navigating the court system can be substantial. These expenses highlight the importance of acting promptly and following proper legal channels to resolve disputes efficiently.

Additionally, while squatters in Maryland are not required to pay property taxes on the land they occupy, doing so can sometimes strengthen their claim, potentially influencing court decisions in their favor.

While prevention is ideal, understanding the financial stakes underscores why landlords must remain vigilant and address squatter issues without delay.

Understanding Maryland's adverse possession laws

For Maryland landlords, understanding the state's adverse possession laws is important, as the 20-year rule might seem like a comfortable cushion of protection — but this seemingly straightforward timeframe masks a complex web of legal requirements that every property investor needs to understand.

At its core, adverse possession embodies a “use it or lose it” principle in property law, designed to prevent valuable real estate from sitting abandoned and unused.

The five essential requirements

While rooted in centuries-old legal traditions, these laws remain very much alive in modern Maryland. The statute sets out five non-negotiable criteria that must be met before a squatter can stake a legitimate claim:

1. Hostile possession: Occupation must occur without the owner’s consent.
2. Actual possession: The squatter must physically occupy and use the property.
3. Open and notorious possession: Their presence must be visible to others, including the owner.
4. Exclusive possession: The squatter must control the property without sharing it.
5. Continuous possession: The occupation must be uninterrupted for 20 years.

Understanding these requirements isn't just academic — it's your first line of defense in protecting your investment portfolio. Maryland courts have consistently upheld these standards through many legal precedents, most notably in cases like Costello v. Staubitz, which serves as a cornerstone for how these claims are evaluated today.

Burden of proof in adverse possession claims

In adverse possession claims, the burden of proof rests squarely on the shoulders of the person asserting the claim. This means that the claimant must provide clear and convincing evidence that their possession of the property has met all the legal requirements for adverse possession.

In Maryland, as discussed above, these requirements include hostile, actual, open and notorious, exclusive, and continuous possession for a statutory period of 20 years.

To meet this burden, the claimant must demonstrate that their occupation was without the permission of the legal property owner. They must also provide evidence of their actual possession, such as receipts for improvements made to the property, utility bills, and witness statements.

Additionally, the claimant must show that their possession was open and notorious, meaning it was visible and apparent to the public and the legal property owner. The possession must also be exclusive, indicating that the claimant was the sole, continuous occupant over the 20-year period.

If the claimant fails to provide sufficient evidence to meet the burden of proof, their adverse possession claim may be denied. Property owners must understand these requirements to protect their rights and prevent unwanted claims to their property.

Protecting your property: Legal defenses against adverse possession

For Maryland landlords, the best defense against a successful adverse possession claim is a proactive offense. While the 20-year requirement may seem like ample time to catch unwanted occupants, savvy property investors know that establishing clear defensive measures from day one is key to protecting their assets.

Documentation is your first line of defense

The simplest yet most powerful defense is maintaining a clear paper trail. By documenting your property inspections, sending written notices to any unauthorized occupants, and keeping records of any interaction with individuals on your property, you create evidence that can invalidate adverse possession claims.

Remember: if you've given someone permission to be on your property, even temporarily, their occupation isn't "hostile" and the adverse possession clock never starts ticking.

Breaking the continuous possession chain

One of the most effective strategies for landlords is interrupting the continuous possession requirement. This doesn't mean you need to physically remove squatters — even serving legal notice or filing a police report can help establish that the possession wasn't uncontested for the full 20-year period.

Courts have consistently held that any clear assertion of your property rights can break the continuity required for adverse possession.

Regular monitoring and security measures

Installing security systems, conducting routine property inspections, and maintaining visible "No Trespassing" signs serve a dual purpose: they deter potential squatters and create evidence that you're actively managing your property.

Maryland courts look favorably upon landlords who can demonstrate consistent property oversight.

Legal recourse: Evicting squatters in Maryland

If squatters have taken up residence in your property despite preventative measures, landlords must navigate Maryland’s legal framework, including filing a wrongful detainer lawsuit, to regain control of their property.

Here are the steps in detail:

1. File an eviction lawsuit (Unlawful detainer action)

The first legal step to remove squatters is filing a wrongful detainer action. This type of lawsuit formally initiates the eviction process through the court system. Here’s what landlords need to know:

• Definition: An unlawful detainer action asserts that an occupant is unlawfully holding possession of your property without your consent.
• Requirements: Landlords must provide evidence proving their ownership of the property and that the squatter lacks a legal claim (e.g., no lease agreement, proof of unauthorized entry).
• Court process: After filing, a hearing date will be set. Both parties can present their case before a judge. If the court rules in the landlord’s favor, a writ of possession will be issued.
• Timeline: This process may take several weeks, depending on court availability and the complexity of the case.

2. Provide proper notice to vacate

Before filing a lawsuit, landlords are required to serve squatters with a formal notice to vacate. This step is key as it provides squatters with the opportunity to leave voluntarily, potentially avoiding a lengthy legal battle.

• Notice period: In Maryland, landlords must give sufficient notice based on the circumstances. While squatters don’t hold legal tenancy, following the legal notice process strengthens the landlord’s case in court.
• Delivery methods: Notices can be served in person, posted on the property, or sent via certified mail to ensure proper documentation.
• Documentation: Retain a copy of the notice and proof of delivery to present as evidence during legal proceedings if the squatter refuses to leave.

3. Work with local law enforcement

Once the court issues a writ of possession, landlords can enlist the help of local law enforcement to remove squatters from the property. This step ensures the eviction is handled legally and safely.

• Coordination with authorities: Provide the writ of possession to the county sheriff’s office or local police department. They will schedule a time to execute the order.
• Property inspection: Law enforcement officials will oversee the removal of the squatter and may provide an opportunity to inspect the property for damages.
• Reclaiming the property: After the squatter is removed, landlords regain full legal possession of their property. It’s advisable to change locks and enhance security measures immediately to prevent re-entry.

Additional considerations for legal eviction

When dealing with squatters, landlords must navigate the eviction process carefully to ensure they comply with Maryland law. 

Avoid self-help evictions

Maryland law strictly prohibits landlords from using self-help methods to remove squatters, such as changing locks or shutting off utilities. These actions can lead to fines or legal liability.

Consult an attorney

Squatter situations often involve complex legal issues that require professional guidance. A real estate attorney can help landlords navigate the court system, ensure compliance with state and local laws, and address any legal loopholes squatters may attempt to exploit.

Prepare for legal challenges

Squatters may claim tenant rights or dispute ownership in court. To strengthen their case, landlords should gather essential documentation, such as property deeds, inspection reports, and proof of unauthorized occupation.

Proper preparation can significantly improve the chances of a successful eviction.

The role of property management companies

Property management companies play an important role in helping landlords safeguard their investments and address challenges like squatters. A property management company acts as the first line of defense by conducting regular property inspections, ensuring vacant units are secure, and maintaining the property’s appearance to deter unauthorized occupancy.

When disputes arise, property managers can help landlords navigate the often-complicated legal landscape. From serving formal notices to facilitating communication with attorneys, they streamline the process of addressing unauthorized occupants.

Property management companies also assist in coordinating eviction proceedings, ensuring landlords follow local laws and avoid costly mistakes.

How Azibo can help

For landlords who prefer a more hands-on approach, Azibo offers tools to help self-managing landlords stay organized and protected.

While Azibo doesn’t directly provide property management services, it equips landlords with the resources they need to manage their properties efficiently, such as automated rent collection, secure document storage, and expense tracking. These features allow landlords to focus on protecting and growing their investments with confidence.

By leveraging the expertise of property management companies or using landlord-first platforms like Azibo, landlords can take proactive steps to safeguard their properties and minimize risks.

Sign up for for Azibo for free.

Protecting your property and investments from squatters rights in Maryland

Navigating the complexities of Maryland squatters’ rights and adverse possession laws can be daunting, but understanding these laws and acting proactively can make all the difference for landlords. From recognizing the financial risks squatters pose to using legal defenses and eviction processes, landlords have powerful tools at their disposal to safeguard their investments.

For those seeking a more streamlined approach to property management, platforms like Azibo provide essential resources to help landlords stay organized and protected. With tools like automated rent collection, secure document storage, and expense tracking, Azibo empowers landlords to take control of their properties and focus on growing their portfolios with confidence.

By staying vigilant, leveraging modern tools, and following legal processes, Maryland landlords can effectively protect their properties from unauthorized occupants and ensure long-term success in their property management endeavors.

Ready to simplify property management? Sign up for Azibo today — it’s free!