Legal Question in Real Estate Law in Maryland

Wrongful Detainer

My brother, a guest, refuses to leave my Maryland townhouse. I live in California now and would like to sell this townhouse. How can I force them to vacate?


Asked on 3/02/09, 9:58 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Wrongful Detainer

It's called 'eviction'. You need to hire an attorney back there, or an eviction mill to do it for you.

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Answered on 3/03/09, 2:15 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Wrongful Detainer

In many states, perhaps Maryland, non-owner occupants of real property fall into one of these categories: tenants (of which there are several sub-categories), lodgers, guests and trespassers.

As a general rule, guests (of the true invited friend kind, as distinguished from hotel and resort-type paying "guests," who are really a separate class of tenant) become trespassers a reasonable time after being asked to leave.

Again depending upon state law and perhaps local policy, it may be possible to enlist the police or sheriff in removal of trespassers, or it may be necessary to bring a legal action for ejectment.

I'll be interested to see if your question draws a response from a Maryland attorney, which is really going to be needed due to the differences in law from state to state.

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Answered on 3/03/09, 12:15 am
Robert Sher Wagshal and Sher

Re: Wrongful Detainer

If you can produce your deed to the property you may be able to enlist the local police in putting your brother out. If so, I suggest giving him a deadline to leave or that will happen. Otherwise you will have to file an eviction action in landlord-tenant court, which is a pretty quick and expensive procedure, except that if he disobeys the court order to leave you will have to hire a mover to get him out under the supervision of the sheriff's office.

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Answered on 3/03/09, 10:14 am


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