Maryland Squatter Laws for Landlords — DK Law Group

  
  Maryland's New Anti-Squatter Laws:

  What Landlords Need to Know

May 29, 2026 | Written by DK Law Group

Maryland’s new anti-squatter laws give landlords more tools to protect their property. Here’s what changed, what it means for owners, and how to respond legally.

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Introduction

For Maryland landlords, the threat of a squatter or unauthorized occupant in a rental property has been a slow, expensive nightmare. In 2025 and 2026, Maryland responded with a wave of legislation that speeds up court hearings, makes fake leases a crime, and lays the groundwork for technology-driven title protection. This guide breaks down what the law used to be, what changed, what did not pass, and what these changes mean for you as a property owner.

Read this if you...

Own or manage rental property anywhere in Maryland
Have found, or fear finding, an unauthorized occupant in a vacant unit
Want to know exactly where you stand under the new rules

What Is a Squatter Under Maryland Law?

A squatter is someone who occupies your property without legal permission. They have no lease, no ownership, and no agreement from you to be there. That sounds clear, but the law has not always treated the situation simply.

Squatter: someone who never had a right to be in the property.
Holdover tenant: a real tenant who stayed past the end of a lease. Handled under tenant eviction law, not squatter law.
Trespasser: a short-term intruder. Police can usually intervene directly.

Until recently, Maryland statute did not separately define squatting as its own crime. That gap is exactly what the new laws begin to close.

Maryland Squatter Law Before the 2025 to 2026 Reforms

Wrongful Detainer (Real Property § 14-132)

Wrongful detainer is the civil action a Maryland property owner uses to remove a squatter. The owner files a complaint in District Court in the county where the property is located. The squatter is the Defendant. If the owner wins, the court orders the sheriff to remove the person.

The catch: until October 2025, there was no statutory deadline on how fast the court had to hold the hearing. Hearings were scheduled weeks, sometimes months, after filing depending on the court's docket. A determined squatter could stay in the property for a month or more, even when the legal case against them was clean.

Counterfeit Documents (Criminal Law § 8-601)

Maryland's counterfeiting statute has long covered deeds, wills, powers of attorney, vehicle titles, and other instruments. Leases and rental agreements, however, were not on that list. A bad actor could draft a fake lease, hand it to police, and force the property owner into a civil battle without facing a specific criminal penalty for the document itself.

Adverse Possession (Courts and Judicial Proceedings § 5-103)

Maryland has long recognized adverse possession. To gain title through occupation, a person must possess the property for 20 years in a way that is continuous, open and notorious, exclusive, hostile, and actual. In practice, almost no squatter ever meets this bar. The fear that someone will own your house if they stay long enough is mostly myth, but the doctrine itself still exists.

What Changed: The 2025 to 2026 Anti-Squatter Reforms

Three bills became law. Each targets a different weak point in the old system.

46

SB 46 (2025)

Chapter 188 · Effective Oct 1, 2025

Wrongful detainer hearings within 10 business days of filing, plus tighter service and appeal rules.

Amends Real Property § 14-132. Service of process must be made within 4 business days of filing. Appeal deadlines were also tightened.

82

SB 82 (2026)

Chapter 550 · Effective Oct 1, 2026

Counterfeit leases now carry criminal penalties.

Adds leases and rental agreements to Criminal Law § 8-601. Creating a fake lease can be a felony (up to 10 years). Knowingly possessing one is a misdemeanor (up to 3 years).

168

SB 168 (2026)

Chapter 748 · Effective June 1, 2026

A blockchain study of title and lease records.

Directs SDAT to evaluate blockchain for verifying real property titles, including its use in courts and law enforcement on unauthorized-occupant matters. Report due December 31, 2026.

SB 46 in More Detail

The headline "10-business-day hearing" is the centerpiece, but SB 46 changed more than the hearing date. Under the enacted text:

Hearing within 10 business days of filing (RP § 14-132(d)(2)(II)).
Service of process within 4 business days of filing. The server must file an affidavit describing the good-faith efforts to serve, mail a copy of the complaint by certified mail (return receipt) AND first-class mail to the last known address (and the property address if different), AND post a copy at the property.
Appeal window cut from 10 days to 4 days to file.
Circuit court appeal hearing window cut from 5-to-15 days to 4-to-7 days after the application.
Notice of hearing to the parties cut from 5 days to 4 days before the hearing.

The early drafts of SB 46 also proposed adding a Criminal Law § 8-906 for fraudulent possession of residential property and a sworn-affidavit-to-sheriff removal path. Both provisions were struck during the legislative process and did NOT become law.

What Did Not Become Law

HB 202 (2025): would have criminalized fraudulent possession and let an owner remove a squatter through a sworn sheriff affidavit. Died in House Judiciary. The early version of SB 46 also carried versions of these provisions, but they were struck before passage. So as of today, Maryland does NOT have a sheriff-affidavit removal path or a standalone fraudulent-possession crime targeting squatters.
2026 further-expedite bill: would have cut the appearance window from 10 days to 5 for properties listed for sale and the appeal hearing from 15 days to 3. Lacked a Senate sponsor.

What Did Not Change

Adverse possession still requires 20 years of continuous, open and notorious, exclusive, hostile, and actual possession. No bill shortened or tightened this.

What This Means for Maryland Landlords

You Can Move Faster Now

Before SB 46, the timeline for a clean removal was often four to five weeks or longer, mostly because the hearing itself could be scheduled out at the court's discretion. The 10-business-day rule shortens the most uncertain part of the process. The court still has to find for you, the sheriff still has to execute the order, and an appeal can still slow things down. But the open-ended waiting window is gone.

A Fake Lease Is Now a Criminal Defense Asset

If a person occupying your property produces a lease you did not sign, SB 82 changes the conversation. The document itself is potentially evidence of a crime. Creating one is a felony. Knowingly possessing one is a misdemeanor. This does not replace wrongful detainer. It runs alongside it and shifts the leverage. Preserve the document, do not destroy it, and consult counsel quickly.

One important nuance

The press often says fake leases are now a felony. That is only true for creating one. Possessing one is a misdemeanor under § 8-601, with a sentence up to 3 years. Both are real penalties. Stating both correctly matters in court and in conversation.

What You Can and Cannot Do

You Can

File a wrongful detainer complaint in District Court for the county where the property is located
Ask the court for damages, costs, and attorney's fees in the complaint
Document everything, including photos, communications, and any leases the occupant produces
Contact the police to assess whether the situation involves trespass or potential criminal counterfeiting

You Cannot

Change the locks, board up entries, or block access without a court order
Shut off utilities such as heat, water, or electricity
Threaten, harass, or attempt to physically remove the occupant yourself
Use wrongful detainer against a current tenant or a holdover tenant. That is a different process.

Common Mistakes That Still Cost Landlords Their Cases

1. Self-help removal. Even with the new laws, the fastest way to lose your case is to take matters into your own hands. Judges are not sympathetic. A single lockout can lead to fines and a denied wrongful detainer.
2. Confusing wrongful detainer with tenant eviction. They are different actions with different rules. Filing the wrong one wastes time and gives the occupant ammunition.
3. Mishandled service of process. If service is defective, the case can stall regardless of how solid the underlying facts are. The new law tightened service rules, but the burden to do it right is still yours.

Step-by-Step: Removing a Squatter Under the New Rules

1
Document the situation. Photos, dates, any communications. Confirm the property is yours and the occupant has no agreement with you.
2
Contact police to assess. They can help you determine whether this is a trespass, a counterfeit-lease scenario (SB 82), or a civil squatter matter.
3
File a wrongful detainer complaint in the District Court for the county where the property is located. Name the occupant as Defendant. Ask for damages if applicable.
4
Service of process. The court issues a summons. Service must be made within 4 business days of filing. If the Defendant cannot be served in person, the server must post a copy at the property and send a copy by first-class mail.
5
Hearing. Held within 10 business days of filing under SB 46. The parties must be given notice at least 5 days before the hearing.
6
Judgment and removal. If you win, the court orders the sheriff to remove the occupant.
7
Appeal window. The other party has 10 days to appeal. To stay in possession, they must file an affidavit and post bond or pay rental value. The circuit court hearing is set 5 to 15 days out.

How DK Law Group Helps Landlords

When you find a squatter, time is everything. DK Law Group helps Maryland landlords:

File fast. We handle wrongful detainer filings, court documentation, and sheriff coordination.
Avoid mistakes. Our team prevents the costly missteps that delay or sink cases.
Stay informed. We translate the new laws into plain English and keep you ahead of further changes.

The new laws moved in your favor. Using them correctly is where most landlords still need help.

This page is for educational purposes and is not legal advice. Reading it does not create an attorney-client relationship with DK Law Group. For advice on your specific situation, contact us directly.