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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
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Experience:  16 yrs. of experience including criminal law.
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What is the trespassing laws for condos in Maryland

Resolved Question:

What is the trespassing laws for condos in Maryland
Submitted: 2 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 2 years ago.
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

Can you give some context? What is going on exactly?
Customer: replied 2 years ago.

I was best friends with this female for along time since we were in elementary school. I seen her at a hair salon and she asked me to drop the charge I had against her. I told her I might. That was 3 weeks ago. Before that I seen her two summers ago and I gave her my phone number, however, she never called. Make a long story short, we were friends but then I ended up taking her to court so she got a little offended. And said I was trespassing.

 

I suppose to be trespassing because I came to her house to verify that was her house and when I verified it was her house, I told the person that answered the door that I will be back with the police to serve her with some documentation, but the police have to be present for me to give her the documents.

 

She then filed the next day that I was stalking her with the court. So I need to know what is the trespassing laws for condos. I called the leasing dept for the complex she lives but they said shes not renting, so she must own it as a condo.

 

Basically if I wasn't trespassing, then I wasn't stalking her, she never told me, a real estate agency or the police to tell me stay away. And then I returned anyway, which I thought was trespassing. But all trespassing laws are different. So I want to know what is the trespassing laws for Condo's in Maryland?

 

Also, can you determine if this property actually is real estate condo?XXXXXApt. 102, Annapolis, MD 21403?

Expert:  P. Simmons replied 2 years ago.
Thank you

Here is the MD law that applies


Md. CRIMINAL LAW Code Ann. § 6-403 (2011)

§ 6-403. Wanton trespass on private property


(a) Prohibited -- Entering and crossing property. -- A person may not enter or cross over private property or board the boat or other marine vessel of another, after having been notified by the owner or the owner's agent not to do so, unless entering or crossing under a good faith claim of right or ownership.

(b) Prohibited -- Remaining on property. -- A person may not remain on private property including the boat or other marine vessel of another, after having been notified by the owner or the owner's agent not to do so.

(c) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first violation, imprisonment not exceeding 90 days or a fine not exceeding $ 500 or both;

(2) for a second violation occurring within 2 years after the first violation, imprisonment not exceeding 6 months or a fine not exceeding $ 1,000 or both; and

(3) for each subsequent violation occurring within 2 years after the preceding violation, imprisonment not exceeding 1 year or a fine not exceeding $ 2,500 or both.

(d) Construction of section. -- This section prohibits only wanton entry on private property.

(e) Applicability to housing projects. -- This section also applies to property that is used as a housing project and operated by a housing authority or State public body, as those terms are defined in Division II of the Housing and Community Development Article, if an authorized agent of the housing authority or State public body gives the required notice specified in subsection (a) or (b) of this section.


SO, based on what you provide, if the property owner has told you to not come back, you must abide by that or face possible trespass charges.

As for service of process? You do not need to be present for that, you can have the local sheriff serve charges...they do not need you for that.

P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26281
Experience: 16 yrs. of experience including criminal law.
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