We allowed my husband's "niece" (not really family, however his ex-wife's niece) to stay with us. She does not receive mail here and has only been living downstairs for about a week. We are wondering if she is technically a tenant and what we'd have to do to go about legally removing her from our home without any repercussions. Thank you in advance for any answers.

*She does not receive mail here and has not paid rent. There is no written agreement between us and we reside in Missouri.

She has been staying with you for a week? What was the arrangement - she would stay a week, two, forever? Oral agreements are binding - it doesn't have to be in writing.

Have you just tried telling her she has to leave? People have posted that the Police have helped get "visitors" out when the "visitors" have refused to leave when there's no tenancy involved. They won't do that in my area and I don't know about yours.

I think you tell her to go. If she doesn't I don't know any means of getting her out other than eviction.

You can always pack up her "stuff" and hand it to her and lock her out BUT if she goes to Court and a Judge decides she was a tenant you have a problem with unlawful eviction.

What did she bring with her? Does she have another residence?

I don't know if she lives somewhere else and is visiting for, say, a month, or if she moved in with you until she can find her own apartment.

It matters - that's why I'm asking.

We offered to let her move in with us until she can get a place here. (She has other family in the area). She moved her clothes and other items in, however it is our furniture. She disappeared four days ago, saying she was off to visit family and really went back to Indiana where she is from. Leaving behind a cat that is hers and all of her things. As far as we know she doesn't have another residence.

I think the "move in" part makes her a tenant. Of course, it's a point to be argued in either direction. If you know where she is I'd write her a letter, certified - signature required - and tell her she has 10 days to get her stuff (poor cat) out of your place or you are putting it (except, of course, for the cat) in storage. Then I would do exactly that. You may have to make some calls to find out how to reach her BUT if someone else will sign for her, that's good.

She would have to go to Court and argue that she was a tenant and needed to be evicted. I think she'll lose.

The "move in until you get a place" agreement might go against you because she doesn't have another place, but I'd give it a go and hope she simply leaves.

I had a cousin "stay with us for a few days" some time ago - I thought I would have to burn my house down to get rid of her. Same thing - she was in and out like my house was a hotel. I sent her the letter, she got out.

Yeah, this one brought the cat and an extra gift--cockroaches. :-/ I believe I read here in MO that to "evict" a tenant by oral agreement you must give written thirty days notice. We may do it that way just in case. Thank you!

Here is the basic info: "Missouri landlords must go through the eviction process to evict their tenants. Locking out tenants or shutting off their utilities is not legal is Missouri and landlords should avoid doing so or face the risk of penalties. There are a number of reasons a Missouri landlord may lawfully evict a tenant, including failure to pay rent, breach of the lease agreement, damage to property, staying after the lease has ended, or tenant involvement in criminal activity.
Available Missouri Termination Notices

There are two types of eviction suits in Missouri. One is the suit for rent and possession. This is appropriate when the tenant has not paid rent and the landlord wants possession of the property. The other type of eviction suit is an unlawful detainer action. This is appropriate when the lease has ended and the tenant will not leave, or when the tenant has violated the lease and the landlord wants to evict.

The notice requirement for unlawful detainers is that the landlord demand possession of the premises from the tenant. It is a 30-day notice (R.S.Mo. 534.030 and 441.060).

For rent and possession actions, notice is not technically required, but the landlord must demand that the tenant pay their rent. When the tenant does not, the landlord can file suit. (R.S.Mo. 535.020)" Missouri Eviction (http://real-estate-law.freeadvice.com/real-estate-law/landlord_tenant/missouri-evictions.htm)

Do you need more info than that?

Here is the basic info: ...

All of which begs the question: is she a "tenant"?

The Missouri Landord-Tenant Act (http://law.justia.com/codes/missouri/2011/titlexxix/chapter441/) doesn't appear to define what a tenant is.

There are three definitions here (http://en.wiktionary.org/wiki/tenant):


"1.One who pays a fee (rent) in return for the use of land, buildings, or other property owned by others.  [quotations ▼]

1.An occupant.
2.(law) One who holds a property by any kind of right, including ownership."
I would simply lock her out. But the problem is that, if the judge decides to go for the second definition above, you may be in trouble.

She had an agreement, oral, but to have a place to stay till she got settled. ( very open ended)
What you are not sure of, is what her status is. Have you attempted to contact her to find out what she planned on doing