It usually starts with a phone call from a neighbor: there are lights on at the house, a car in the driveway, and someone carrying in furniture. The house was supposed to be empty. Maybe it’s an inherited property, maybe a rental between tenants, maybe a house you moved out of months ago. Now someone is living there, and you need them out before you can sell. For someone living there without permission around Dundalk, see selling a house fast in Dundalk.
I’m Evan Weissman. I buy houses across Maryland, including some with people in them who shouldn’t be. I’m not a lawyer, and the right path depends on who the person is and how they got there, so talk with a Maryland attorney before acting. Here’s an overview of how it generally works.
First, figure out who the person is
The legal process depends on the relationship:
- A current or former tenant. Someone who had a lease, or who stayed after the lease ended, is usually handled through landlord-tenant procedures under Title 8 of the Real Property Article, not as a squatter.
- A relative or guest. Someone who was allowed to stay, like a family member in a deceased parent’s house, and won’t leave.
- A stranger with no permission. Someone who moved in without any right to be there.
Maryland’s wrongful detainer law, Real Property section 14-132, covers people holding possession without a right to it. The Maryland People’s Law Library notes it can’t be used against current tenants, holdover tenants, or someone in possession by court order (People’s Law Library).
What changed on October 1, 2025
Senate Bill 46 of the 2025 session (Chapter 188) revised section 14-132 effective October 1, 2025. According to the General Assembly’s summary, it:
- Requires the District Court hearing to be held no more than 10 business days after the complaint is filed.
- Changes the service of process rules, including steps when the occupant can’t be found.
- Adds a criminal offense for possessing or claiming a right to residential property, with intent to defraud, that the person doesn’t lawfully possess or own.
If the court finds you’re entitled to possession, it orders restitution and the sheriff carries out the removal. Either side can appeal to circuit court within 10 days of the judgment.
What not to do
As frustrating as it is, self-help can backfire. Avoid:
- Changing the locks while the person is inside, or removing their belongings yourself.
- Shutting off utilities to force them out.
- Threatening or confronting them.
These can expose you to legal claims and slow the process down. Let the court and sheriff handle removal.
Steps that usually help
- Call the police non-emergency line. Report that someone is in the house without permission. Depending on the facts, police may treat it as a criminal matter or tell you to go through court.
- Gather proof of ownership. Deed, tax bill, letters of administration if it’s an estate, and any utility bills in your name.
- Document the situation. Dated photos from outside, statements from neighbors, and records of when the house was last empty.
- Talk to an attorney about whether wrongful detainer, a landlord-tenant action, or something else fits.
- Notify your insurer. Occupancy by an unauthorized person can affect coverage.
Preventing it in the first place
Vacant houses are the usual target. Practical steps:
- Visit regularly or have a neighbor keep an eye out.
- Keep the lawn mowed and mail collected so the house doesn’t look abandoned.
- Use timers on lights and secure windows and doors.
- Post no trespassing signs where appropriate.
- Consider cameras or a monitoring service if you’re far away.
My article on what an empty house costs while it waits to sell has more on protecting vacant property.
When the occupant is family
This is the hardest version. A sibling or adult child has been living in a parent’s house, the parent passes away, and the estate needs to sell. If an estate is open, the personal representative usually has authority over the house and may need to give notice and, if necessary, go to court. My article on siblings who disagree about an inherited house covers some of the family dynamics, and an estate attorney can explain the legal steps.
Selling while someone is still inside
You can, but it narrows your buyers. Retail buyers using a mortgage generally need the house delivered vacant at settlement. A cash buyer may agree to buy the house with the occupant still there and handle the removal process after closing, adjusting the price for the time and legal costs involved. Be completely honest with any buyer about who’s living there and what’s been done so far.
If the person is actually a tenant, different rules apply to a sale. My article on whether a lease survives a sale explains how leases transfer to a new owner.
How long does it take to remove a squatter in Maryland?
It depends on the case and the court. Since October 1, 2025, the hearing in a wrongful detainer action must be held within 10 business days of filing, but appeals and scheduling of the sheriff can add time.
Can I just change the locks on a squatter?
That’s risky. Self-help removal can expose you to legal claims. Talk to an attorney and use the court process.
Do squatters get rights after living somewhere for a while?
Claims like adverse possession require long periods of open, continuous possession and are uncommon. Most unauthorized occupants have no right to stay, but you still need the proper court process to remove them.
Will a buyer purchase a house with a squatter in it?
Some cash buyers will, adjusting the price for the time and cost of removal. Financed buyers usually need the house vacant at closing.
Talk through your situation
If someone is living in a house you’re trying to sell, call or text me at (410) 498-7473. I’ll tell you honestly whether buying it occupied is something I can do.