HELP! Snoring tenant... what's the best way to get rid of em?

[fullylucky]

Hi everyone just wondering what's the best way to get rid of the tenant.

I rent rooms out for my IP on an individual basis.

One tenant that recently moved in snores loudly (rattles the windows) and next door can even hear it.

This will affect other tenants and my ability to keep other tenants.

What's the best approach I should take to get rid of the snorer?

What are my options?
Give notice and ask them to move out without reason?
How long does it take?
Is it against the law to evict them based on this?

Thanks for any and all advice!

 

[EN710]

No expert here, but I suppose you can give them a proper notice period to vacate the place without reason needed?

I'm pretty sure I can ask my tenant to leave if I give them 3 months notice per NSW rule.

I personally would not put snoring as a reason.... it might be medical issue and I will be worried whether they can go after me for discriminating them based on medical condition (whether there are that kind of rule in Oz).

 

[Beanie Girl]

No expert here, but I suppose you can give them a proper notice period to vacate the place without reason needed?

I'm pretty sure I can ask my tenant to leave if I give them 3 months notice per NSW rule.

I personally would not put snoring as a reason.... it might be medical issue and I will be worried whether they can go after me for discriminating them based on medical condition (whether there are that kind of rule in Oz).

My sister-in-law snores like a lawn mower ...whenever she stayed with us, we'd look at each other puzzled, who on God's good earth, be mowing the lawn this early?

Turns out she has sleep apnea. She had to buy one of those sleep apnea machines and put a face mask on through most of the night.

Is your tenant on the larger side, ahem, fat..tish? One of the reasons sleep apnea affected people snore is that their tongue rolls back in their throat, blocking their airways, resulting in them not breathing for a few seconds, this can happen many times in the night, hence snoring and sleep apnea...

Of course, there could be other reasons why your tenant snores so loudly.e.g. crooked nose septum, but the most common reason is that people have too much fatty throat tissue or poor muscle tone in the throat, this can narrow the airways. A narrow airway gets in the way of smooth breathing and creates the sound of snoring.

Don't know if you could suggest he do a sleep apnea test to rule that medical condition out...If it's sleep apnea, it could be life threatening but can be treated with a sleep apnea machine and/or face apparatus to wear in the night.

 

[wylie]

You don't live there, do you? Let them sort it out themselves.

 

[donkey]

problems in the nanny state of australia. If only OP had real problems. Get on a plane OP and see whats happening in the real world.

 

[S.T]

Buy a cone of silence for the snorer, or noise cancelling ear phones for all the other tenants and neighbours.

 

[depreciator]

If only OP had real problems. Get on a plane OP and see whats happening in the real world.

If he gets other tenants leaving because of the snorer, he will have a real problem. Seems sensible to seek advice now before it comes to that.

 

[fullylucky]

No expert here, but I suppose you can give them a proper notice period to vacate the place without reason needed?

I'm pretty sure I can ask my tenant to leave if I give them 3 months notice per NSW rule.

I personally would not put snoring as a reason.... it might be medical issue and I will be worried whether they can go after me for discriminating them based on medical condition (whether there are that kind of rule in Oz).

Thanks EN710, that's what i was thinking... For QLD is it 2 months notice? Thanks for taking the time to post a reply even though you are not an expert your comment has been very helpful.

 

[fullylucky]

My sister-in-law snores like a lawn mower ...whenever she stayed with us, we'd look at each other puzzled, who on God's good earth, be mowing the lawn this early?

Turns out she has sleep apnea. She had to buy one of those sleep apnea machines and put a face mask on through most of the night.

Is your tenant on the larger side, ahem, fat..tish? One of the reasons sleep apnea affected people snore is that their tongue rolls back in their throat, blocking their airways, resulting in them not breathing for a few seconds, this can happen many times in the night, hence snoring and sleep apnea...

Of course, there could be other reasons why your tenant snores so loudly.e.g. crooked nose septum, but the most common reason is that people have too much fatty throat tissue or poor muscle tone in the throat, this can narrow the airways. A narrow airway gets in the way of smooth breathing and creates the sound of snoring.

Don't know if you could suggest he do a sleep apnea test to rule that medical condition out...If it's sleep apnea, it could be life threatening but can be treated with a sleep apnea machine and/or face apparatus to wear in the night.

I'm not trying to cure the tenant... just want them out. He is a bit on the large side. also i think he might have difficulties paying rent. but snoring is the main issue.

i don't live there but if your tenants keep moving out you have to work harder to find new tenants... more trouble.

 

[fullylucky]

If he gets other tenants leaving because of the snorer, he will have a real problem. Seems sensible to seek advice now before it comes to that.

yeah. thanks for your support. i'm really seeking advice. i will have to confront the tenant about it sooner or later....

my options are:

A. Just ask him to vacate without reason. He might take it badly but only for N number of months.
B. Tell him he is a snoring problem. he might get offended or he knows about it. It might be the reason why his last landlord disliked him and wanted him out. Seek a solution and hope he takes it on board.

http://www.helpguide.org/life/snoring.htm

but what if it's something that's not curable...

Bank interest is alot.. everyday... i can't afford to have an empty house or angry tenant not paying rent because i said he snores...

 

[luckyone]

Is your tenant on the larger side, ahem, fat..tish? One of the reasons sleep apnea affected people snore is that their tongue rolls back in their throat, blocking their airways, resulting in them not breathing for a few seconds, this can happen many times in the night, hence snoring and sleep apnea...

You don't have to be fat to suffer from sleep apnoea! People of all sizes and shapes can have it. I've had it from when I was quite young (I just didn't know what it was then), and I wasn't overweight then.

 

[Sez]

Just send a notice for no reason. I'm sure he is aware of the fact that he snores (somebody else would have told him) so it's not up to you to have that conversation. Also, if you are sending a notice to vacate which is legally issued for 'no reason', you don't want to tell the tenant the reason for your 'no reason' notice as then he can claim it's retaliatory .

 

[fullylucky]

Just send a notice for no reason. I'm sure he is aware of the fact that he snores (somebody else would have told him) so it's not up to you to have that conversation. Also, if you are sending a notice to vacate which is legally issued for 'no reason', you don't want to tell the tenant the reason for your 'no reason' notice as then he can claim it's retaliatory .

I've decided I'm gonna go with the Notice to vacate. With no reason.

based on the feedback and comments from other people on the site.

How do I go about it? so he can't deny he never got the notice.

Can someone send me a link to instructions? or steps e.g. step 1.
step 2.

What do I put on the notice that makes it official?

 

[Sez]

http://www.rta.qld.gov.au/Resources/Forms/Forms-for-rooming-accommodation

You can download forms for QLD from here and you want the notice to leave.

I'm not an expert in QLD residential tenancy law, however, it appears that if there is no fixed term agreement you must give them 30 days notice and if there is a fixed term agreement you must give them at least 14 days notice but they must not be required to vacate prior to the end of their lease.

This is rooming house paperwork because I am assuming that is your situation?

Issue the notice via registered post so you can prove the date and address it was sent to should their be any dispute later down the track .

 

[fokas]

I've decided I'm gonna go with the Notice to vacate. With no reason.

based on the feedback and comments from other people on the site.

How do I go about it? so he can't deny he never got the notice.

Can someone send me a link to instructions? or steps e.g. step 1.
step 2.

What do I put on the notice that makes it official?

Don't mean to be rude, however you sound very green to be managing your own property room-by-room on your own... aren't these basic things you ought to have researched before hand?

 

[Beanie Girl]

You don't have to be fat to suffer from sleep apnoea! People of all sizes and shapes can have it. I've had it from when I was quite young (I just didn't know what it was then), and I wasn't overweight then.

Apologies, Luckyone.
Being overweight may be a sufficient but not a necessary condition for sleep apnea.
Not all people with sleep apnea are fat and
not all fat people have sleep apnea
but there is a significant correlation between obesity and sleep apnea.

 

[Tulamalula]

too much alcohol also causes it

also too heavy a sedative

boot them and give no reason, it could come back to bite you on the bum as discrimination, which really, at the end of the day, what you are doing is discriminating against a snorer.

don't think I'd like to rent one of your rooms.

 

[Richard Feynman]

I was out wandering a couple of nights ago and heard someone snoring in the distance.

By the time I was in front of the apartment block they were in the noise was astonishing.

I feel for everyone within 20m of that building.

Keep us posted on how this pans out...

 

[fullylucky]

too much alcohol also causes it

also too heavy a sedative

boot them and give no reason, it could come back to bite you on the bum as discrimination, which really, at the end of the day, what you are doing is discriminating against a snorer.

don't think I'd like to rent one of your rooms.

yeah make me the bad guy... sleep is important to other tenant's health...? how would you like to go without sleep after a long day at work.

if other tenants doesn't sleep well how do you think it will go down? bad for everyone. other tenants might revenge and do bad **** to him...? please try to put yourself in the shoes of other tenants and myself before judging.

discriminating against a snorer...? i think he should have known this and looked for accommodation that is more suitable for him e.g granny flat or atleast a rooms that's isolated from other rooms. not smack bang in the middle of 2 other rooms.

if you go without sleep for tonight and tomorrow night and the week and tell me your mood hasn't changed then i'll take back everything i posted.

 

[crest133]

Doesn't matter how a tenant is making excessive noise, if he is, then it's a fact. Others are legally entitled to the peace and quiet enjoyment of their rented premises. The snorer most likely already knew he was noisy before moving in and failed to disclose this, which is unreasonable to others. The request should be to reduce the noise to an acceptable level or leave.
cheers
good luck
crest133