Illegal Tenant in the Property Purchased

[Inna Young]

On August 29, 2019, my friends  had a closing on theirs new investment property. Right after the closing they tried to get in and discovered the original lock had been removed. They found parts of the old lock on the ground with visible drill marks on it. They knocked on the door and a rather aggressive male opened the door.

The trespasser was hostile, threatening, and seemed capable of violence toward them, the legal owners of the property.

They politely introduced themselves as owners of the property, presented the trespasser with the IDs and asked what he is doing in their house. He said he had been living in the house since June of 2019, and had a rental agreement with BMI.com. As far as they have been able to determine this is a fictitious company. They immediately realized that this person was lying because before July 25, when their offer for the property had been accepted and went under contract, they visited this property not once and it always was vacant.

They asked the "tenant" to present a valid ID and the rental contract. He showed them some meaningless piece of paper that clearly was not a legitimate rental agreement and when they tried to read it and take a photo of it, he rudely grabbed it back from them. He told them to go away and his “landlord” would call them the next day.

Shocked and completely bewildered, they went to the nearest neighbor and asked if he knew what was going on. The neighbor informed them that he was as astounded as they were when he saw the stranger  suddenly appear a couple of weeks before (beginning of August) with a van and start quickly unloading his stuff. The neighbor said that he knew that the neighboring townhome (the one they just purchased) was under a contract, so he suspected that something was not right.

The next day my friends, after waiting for the “landlord” phone call all day, decided to go to the property and call the police to confront the "tenant" and confirm his identity.

The police officer arrived and, showing little to no sympathy toward the owners in what was apparently an act of criminal trespass, told them to contact the Sheriff’s Department, which is currently closed until the after holiday.

However, the Officer did agree to talk to the individual in the house and ask for his ID and ask him some questions about his illegal occupation of our property. Unfortunately, the individual was not at home and the police officer left. The owners have waited for a bit longer by the door, and the "tenant" soon arrived.

They advised him that his “landlord" never contacted them, and, once again, the "tenant" refused to provide his landlord’s contact information. The owners told the "tenant" that if he had nothing to hide and had a valid rental agreement, they would like to wait for the police officer to come back so he could provide his ID card and/or other proof of residence. The "tenant" slammed the door in their faces, so they called the police again. The "tenant" quickly left in his car again.

So, someone engaged in an obvious scam has broken in, installed new locks and is illegally occupying their property... How did the "tenant"  get a water service, electricity? My other friends once forgot to pay their water bill and it was cut off a couple of weeks later! And can just anybody call BGE and start a service in ANY property without the owner giving a permission? This sounds like a total, third-worldish mess... The police officer could have simply waited, asked for the ID, allowed the real owners with the IDs and the Title in their hands to get it, take photos (for the insurance) before the "tenant" destroys it, make a copy of the "lease" and call/find that imaginary "landlord." Anybody can download a lease form from the internet, fill it out, put the moving in date to say they've been living in the property for a long time, and that's exactly what that skillful "tenant" did. And he knows the rules - he claimed that he moved in in June, while the owners and the neighbors can prove otherwise, but no one listens. That sounds like a nightmare. 

My friends can't even get in to take photos for the insurance company in case if the "tenant" destroys it.

Obviously, they are scared for the property -  the "tenant" can easily damage the property and they would not even be able to prove that he did it. Someone told them if the property has been occupied for less than a month, no eviction process is necessary. However, the time difference between when they discovered that human in their house (August 29) and the time the Sheriff's Office will start functioning again (due to the long holiday weekend) may make it a month or slightly over it... In any case, what should they do? What the law says about it? If they will start the eviction process, how do they make sure the "tenant" doesn't ruin the house? What are their rights? Thank you for any advice this community can provide...

[Patricia Steiner]

This is more common than most people think...it happens when properties have been vacant for some time and appear "abandoned."  Some times the person living there really did "lease" the property from someone who posed as an owner/leasing agent. The man in there could be a victim himself. 

But first things first:  please tell your friends to STOP TALKING TO HIM.  No need to get harmed/killed while sorting this out.  

Then, they need to know the law in their state (are they in Maryland too?):  

"What Are Squatters Rights In Maryland. ... If you have a guest in your home or on your property that refuses to leave when asked, then you have the right to file for an wrongful detainer. This is filed in your local District Court. It cannot be used for current tenants or tenants that are holding over on an expired lease."

Here's more:   https://legalbeagle.com/6636651-squatters-rights-maryland.html

And, have your friends check their purchase contract.  Did they purchase it vacant?  When did they last inspect it prior to closing?  What does the seller know about this guy?  

I recommend that your friends actually go (not call) to the local police and sheriff offices near the property and file a complaint. The complaint is that someone has broken into your property, changed the locks, and is squatting.  Again, the guy there may have been duped too.  Your friends will want to check with the seller first to get some idea as to when this happened - but again it usually happens with properties that have been vacant for a long time.  

You're a good friend...have them ready to be in District Court on Tuesday to get their property back.