[MO] Is my brother-in-law legally considered a tenant in my home?

Lexi, Chatbot

I understand that dealing with tenant issues can be quite stressful. What specific issue are you facing as a tenant?

Lexi, Chatbot

Have you already taken any steps to address this issue, such as communicating with your landlord or seeking mediation?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your tenant inquiry.

Seth

Hey there! I'm Seth, an attorney with many years of experience. I understand you're unsure if someone living in your house is considered a tenant. Have you had any discussions with them about their status or any agreements in place?

Disclaimer: Just a note—our conversation is for general legal information only and does not establish an attorney-client relationship.

Seth

Good morning! It sounds like there's a situation with your brother-in-law in Missouri. Could you tell me a bit more about what kind of trouble he's facing there?

Seth

Got it, thanks for sharing that. It sounds like you were trying to help him get back on his feet. Did you have any kind of written or verbal agreement with him about how long he could stay or any conditions for living there?

Seth

Thanks for clarifying that. It sounds like you had a mutual understanding. Has anything changed recently that's causing concern about his status in your home?

Have there been any recent issues or changes in his behavior that are making you reconsider the arrangement?

Seth

In tenancy law, several factors may support your case. Verbal agreements can be legally binding if there is proof of the terms and both parties acted on them, though they can be harder to prove.

1. Verbal (oral) lease agreements are enforceable in Missouri: Under Missouri law, verbal rental agreements can be legally binding so long as the lease term is one year or less.

This follows Missouri’s Statute of Frauds (RSMo § 432.010), which requires leases longer than one year to be in writing — but oral agreements for shorter periods are enforceable.

To prove an oral lease, courts look for evidence such as:

• Payment of rent,
• Text messages or emails confirming terms,
• The landlord allowing ongoing occupancy,
• Conduct showing both sides understood there was a rental arrangement.

Even without a written lease, Missouri recognizes these agreements as valid month-to-month tenancies unless otherwise specified (RSMo § 441.060).

2. Distinguishing a tenant from a guest: In Missouri, the distinction between a tenant and a guest depends on several factors:

• Length of stay
• Whether the person keeps belongings there
• Whether they contribute financially (rent, utilities, supplies)
• Whether they receive mail at the address
• Whether they have established the property as their primary residence

Tenants have significantly more legal rights than guests and can only be removed through formal eviction procedures.

If a person has lived on the property for a meaningful amount of time, Missouri courts may view them as a tenant rather than a guest, even if the landlord argues otherwise.

3. Implied tenancy in Missouri: Missouri law recognizes implied tenancy. 

• Implied Month-to-Month Tenancy (RSMo § 441.060): If someone lives in a property with the landlord’s knowledge and pays rent or contributes financially, a month-to-month tenancy is automatically created, even if no written lease exists.
• Tenancy at Will: If no clear rental interval is established, but both parties behave as though a housing arrangement exists, it may be deemed a tenancy at will, still requiring formal eviction to terminate.

4. Tenant protections still apply: Even without a written lease, an implied tenant is entitled to:

• Proper notice to terminate, and
• Formal eviction proceedings under Missouri’s unlawful detainer statutes (RSMo Chapters 534 & 535).

A landlord cannot simply remove someone labeled a “guest” when the facts show tenant-like behavior.

Seth

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

Seth

Hi there! Checking in to see if I was able to resolve your concerns today? Please let me know if I can help clarify anything else. I want to ensure you are satisfied with my services.

Seth

Since I have not heard from you, I will presume your question was answered and your concerns addressed. If you require further assistance, please let me know. I will be more than happy to continue assisting you. Otherwise, wishing you all the best!