Visitor over too much? How to proceed?

[Curtis Linville]

We are in MO.

TLDR: At what point does someone become a tenant? Staying 10 days in a month or must they be consecutive? Does coming over for a little while and then going back home count as one of the days or do they have to stay the night to count? Any other common issues along these lines that I can go ahead and be ready for would be appreciated.

I am an OO and one of my roommates SO is constantly over. I have not raised an issue about it because they are pretty serious and have been together for several months now, and this is the first month we have lived up here so I had other things going on. Me and my roommates have lived together for the last 5 years, when I went to make an hour long move to a new city they came along. It just so happened that the city I chose to move to is the same one that my roommates SO lived in.

The issue arose just now because her current residence the people in charge are keeping it at a skyrocketing 85. So my roommate asked if they can stay here up in their room all day while he is out at work.

I said 'Sure, but my only concern is if this becomes of a common occurrence, which I believe it will.' He then rebutted about how they arent over often, just 5 nights/evenings a week. If I was aware it was that much I would have already brought up the issue! Most of the time they arrive after I've gone to bed, so I knew it was frequent just not that frequent.

The Lease states:

'The individuals named as "Tenant" in Section 1 of this Lease and any of their children named in such Section 1 are the only individuals who may occupy the Premises, and the Premises may be used only as a private residence for those individuals. Tenant may permit guests to stay with Tenant in the Premises for up to ten (10) days. Any guest staying with the Tenant for longer than ten (10) days shall be considered an occupant of the Premises.' ... then the section goes on about behavior and how to make changes and what not.

My main concern is I have a couch surfing brother and must remain firm and consistent to not have that bag open up, thus far that has been entirely evaded.

[Jonathan W.]

@Curtis Linville consider an occupant?

Your suppose to charge the original tenant a daily fee for every day over ten. You need a new lease it sounds like.

We charge 20$ a day after visitors for a certain amount.

When your OO renting a room out, it should be like 4-7 days at most since you all split utilities.

I never know if it’s consecutive or 10 days out of the month. Good question