Hyattsville, MD asked in Civil Litigation for Maryland

Q: What can be done to remove an adult family member who refuses to leave my home.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: If there are grounds for a peace order or order for protection from domestic violence, those options can result in near immediate removal simply by filling out the petition forms, appearing befoe a judge or District Court Commissioner, and have the Sheriff remove them pursuant to an order. You do not describe the scenario you are dealing with, so it is impossible to evaluate whether you have such grounds. You can file a wrongful detainer action in District Court to have them removed so long as they are not in your home under a lease agreement of some kind, which means they are not entitled to the rights of a tenant. A mere guest, or someone staying beyond the scope of their permission to be there, has no tenancy rights. In some scenarios, where the guest is recent, the police might be called on a trespass complaint; but if the person was allowed to move in and live there as their residence, then they cannot be charged with trespassing prior to a court judgment in a wrongful detainer action. A wrongful detainer action needs to be filed, a summons and copy of the complaint served on your relative, and a court date scheduled. Only the Sheriff, armed with a writ, can forcibly remove them from your home. If they are in your home as a tenant, and had or have been paying an agreed amount of rent, even if now they are not paying, then you basically have a tenant-holding-over action, and you file a complaint for that and proceed as in a landlord-tenant case, which requires 30 day written notice to vacate before you file in court. Again, your question lacks rudimentay facts to allow a proper answer. I've given you many possible scenarios.

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