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Last page edit 03/17/08
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House Guest or Squatter Refuses to Leave (Maryland Code, Real Property, Sec. 8-402.4) Tips from the Experts in Responsibilities of Tenants, Roomers and Guests A house guest comes into the premises with permission of the occupant. A squatter enters the premises without permission. Neither the guest nor the squatter has any right to possession of the premises. The occupant, whether owner or tenant, has not given up his right to control possession of the premises. Regardless of whether the entry was by force or peaceful, or whether it was with permission or without it, if a guest or squatter refuses to leave when asked, the person with right of possession of the premises may seek eviction through the civil action of wrongful detainer (formerly called forcible entry and detainer) in District Court. Forcible entry and detainer is the somewhat misleading historic name of this action. Under current Maryland law, it is not necessary to show that force was used to gain entry or in the refusal to leave. Plaintiff must allege simply that he is the rightful occupant of the premises and that the defendant refuses to leave. Either party has 10 days from the date of judgment to appeal. If neither party appeals and the judgment is in favor of the plaintiff, the court will issue a warrant of restitution to the sheriff, who will immediately execute the warrant. Last date legally reviewed: 3/17/08 (PLL/M.A.J.) Source: Baltimore Neighborhoods (BNI) - See main Landlord Tenant section for more information on BNI. Updated by the Maryland State Law Library (MSLL). |
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