Can a Tenant, Squatter or Guest be Evicted in Maryland Without Going to Court? | TPF.legal

Question: Can a Tenant or Squatter Be Evicted In Maryland Without Going To Court?

Answer: Unlike other States, a tenant or squatter cannot be evicted in Maryland without going to Court. The kind of lawsuit that needs to be filed is different depending on whether or not the occupant is a squatter or tenant. I think it’s fair to say that tenants have more protections than squatters as well, by this I mean they generally have the right to receive a legal notice prior to the landlord beginning legal action. Whereas a legal notice is not a requirement to evict a squatter (although I tend to send notices anyway).

First I’ll cover how to evict a tenant and then how to evict a squatter by going to Court in Maryland.

How Do I Evict a Tenant By Going To Court In Maryland?

    There are three causes of action to evict tenants in Maryland:

  1. Failure To Pay Rent Actions
  2. Tenant Holding Over Actions
  3. and Breach of Lease.

Click the corresponding links to be taken to an article / video with an in-depth overview of the cause of action.

Here is a one sentence explanation of each cause of action. Failure to pay rent actions are used to evict tenants that fail to pay rent. Tenant holding over actions are used to evict tenants that refuse to vacate after their lease terms has ended. Breach of lease actions are used to evict tenants that breach the lease in ways other than failing to pay rent, such as having an unauthorized pet.

How Do I Evict A Squatter or Guest By Going To Court in Maryland?

A squatter or a house guest that refuses to leave can be evicted by a wrongful detainer action. Wrongful detainer is used to evict people without the legal right to possess the property. If a squatter or house guest refuses to leave after their permission to stay on the property is revoked, then a wrongful detainer action can be filed against them to regain possession of the property.


A tenant, house guest, or squatter cannot be evicted without going to court. A tenant can be evicted by using a failure to pay, tenant holding over, or breach of lease action. Squatters and guests can be evicted by using a wrongful detainer action. If you need assistance with this process do not hesitate to contact an experienced landlord attorney.

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