Tenant Rights in Branson Hotels & Motels

Missouri Law • Illegal Evictions • Police Procedures

Many families in Branson live long-term in hotels or motels. When a hotel or motel issues a written rental agreement — whether it is a 1-month, 6-month, or 12-month lease — Missouri law considers that person a tenant. This creates legal rights that police must respect.

If You Have a Lease, You Are a Tenant (Missouri RSMo 441)

Any written agreement for a set amount of time becomes a binding lease under Missouri law. This remains true even if:

The building is still zoned as a hotel
The property is not rezoned as residential
The manager calls it “extended stay” or “temporary”

Missouri Law: A written rental agreement gives the renter tenant rights under RSMo 441.005–441.880.

Police Cannot Evict Tenants Without a Court Order

Evictions in Missouri require:

A judge’s signed eviction judgment (RSMo 534.020)
Eviction enforcement by the County Sheriff only (RSMo 534.300)

The Branson Police Department cannot:

Force a tenant to leave a hotel room
Order a tenant off the property
Threaten arrest for not leaving
Assist managers in removing families
Use trespass laws against lawful tenants

Constitutional Protections: Illegal removal violates the 4th Amendment (unreasonable seizure) and 14th Amendment (due process).

Illegal Evictions by Hotels (RSMo 441.233 & 441.710)

It is illegal for hotel owners or managers to:

Change locks
Shut off utilities
Remove a tenant’s belongings
Demand immediate departure
Use police to enforce disputes

Missouri Law: Lockouts and non-court evictions are prohibited under RSMo 441.233 and RSMo 441.710.

Required Branson Police Department Procedure

Ask whether the occupant has a lease or rental agreement.
If a lease exists → treat as a civil matter.
Explain to the manager that only a court can evict a tenant.
Decline to remove the tenant or “trespass” them.
Document the lease in the police report.

If You Are a Tenant and the Hotel Calls Police

Tell the officer:

“Under RSMo 441 and 534, this is a civil landlord-tenant matter. Police cannot remove me without a court eviction.”

If a hotel tries to lock you out, call Branson PD and request enforcement of RSMo 441.233.

Missouri Statutes That Protect Tenants

Legal Issue	Missouri Statute
Leases create tenant rights	RSMo 441.005–441.880
Evictions require a judge	RSMo 534.020
Only sheriffs can evict	RSMo 534.300
Illegal lockouts prohibited	RSMo 441.233 & 441.710
Trespass cannot apply to tenants	RSMo 569.140
Due process required	4th & 14th Amendments

Branson Outreach Is Here to Help

Branson Outreach stands with families who are facing illegal eviction from hotels and motels. If you or someone you know needs help, contact us.

Website: https://BransonOutreach.org
Support for families • Tenant rights • Community protection