Tenants Pay on Time but Are Loud

[Steven Thuyen]

Hi Everyone,

Quick background. I am currently househacking living in a 5BR and 4BA Single Family Home. I currently rent out 4 rooms and stay in the last one. 2 out of the 4 rooms are being rented out by a family (2 Parents, 8 Year Old and 5 Year Old). 

Currently, I have been going back and forth on whether or not to renew the lease for the family. The pros - pay on time, clean the house, and occasionally cook for me. 

The con - The 5 year old and 8 year old can get loud, especially in the mornings before school and I know it bothers my other tenants (even though they don't say anything). The 5 year old can throw tantrums sometimes and I am afraid that the kids get on the nerves on my current tenants and future potential ones as well.

What would you guys do in this situation or have any feedback? They pay on time and are clean, which is very important as a landlord but also the noise is getting really annoying. Thank you!

[Rick Albert]

Here are a couple of thoughts:

1. What time in the morning? Are we talking 7:30A or 3:30A? It makes a huge difference.

2. It is a judgement call and obviously I'm not there, but one could argue that it is a reasonable assumption that it is going to be loud when kids are present. Kids can be loud, whether intentionally or not. But there might be an expectation of a loud household when a family is present. That's likely why the other tenants haven't said anything.

3. I'm not an attorney but I would not kick them out. Leave them month to month. You don't have to renew. The last thing you need is a disgruntled tenant saying that you kicked them out because they are a family. You can attempt to say it's because of the noise, not because of the family status, but then a judge MIGHT go to my above point and you are screwed.  

4. Whatever you do for one tenant, do for all. I like the idea of quiet hours and it applies to everyone. 

5. Future tenants may not like it. It is what it is until the family leaves.