Bill > SB489

This bill creates a new criminal offense in Maryland related to fraudulent possession of residential real property. The law makes it illegal for a person to possess or claim a right to possess residential property they do not lawfully own or have permission to occupy, with the intent to defraud another person. Penalties escalate for repeat offenses, starting with up to 90 days in jail or a $500 fine for a first violation, increasing to up to 6 months in jail or a $1,000 fine for a second violation within two years, and up to 1 year in jail or a $2,500 fine for subsequent violations. The bill allows property owners to submit a sworn affidavit to the county sheriff if they believe someone is fraudulently occupying their property. In response, the sheriff is authorized to remove the unauthorized occupant and return possession to the owner, with a caveat that the person being removed can avoid removal by producing evidence of lawful possession. The law does not apply if the occupant has a court order granting possession or if other legal remedies are available under existing real property laws. The bill also preserves the owner's right to file a separate legal action for wrongful detainer. The new law is set to take effect on October 1, 2025.

Justice

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0489?ys=2025RS