How To End a Tenancy – Notice Periods in QLD Rental Property

tenancyTenancy law in Queensland requires certain reasons and time periods to be provided to end a tenancy by either the tenant or the lessor/agent. Following is an outline of the required reasons and notice periods. All notices must be in writing.

Notice periods for ending a tenancy

Either a tenant or an agent can give notice to end a tenancy; however certain rules and timelines
must be adhered to.

A fixed term agreement means that the tenant or resident will stay until the end date and has committed to pay rent until that point. If either party wants to end the agreement early they may
have to pay compensation and/or remaining rent.

The minimum notice period a tenant needs to give the lessor/agent if they want to move out when giving a Notice of intention to leave (Form 13) is:

•14 days or the end of the tenancy (whichever is later) without grounds under a fixed term agreement

•14 days without grounds (no reason) under a periodic agreement

•7 days for an unremedied breach

o 5 days for an unremedied breach for non-payment of rent in a caravan park

•7 days for non-compliance with a Queensland Civil and Administrative Tribunal (QCAT) order

•the same day for non-livability

•14 days for compulsory acquisition

If the tenant doesn’t give the correct amount of notice and use the correct form, they may be
subject to a claim for compensation from the lessor/agent.

The minimum notice period a lessor/agent must give a tenant if they want them to leave when giving a Notice to leave (Form 12) is:

•2 months without grounds (no reason) under a periodic agreement

•2 months or the end of the term (whichever is later) without grounds under a fixed term agreement (cannot be earlier than the end date of the agreement)

•7 days for unremedied rent arrears

•14 days for an unremedied breach

•7 days for non-compliance with a Queensland Civil and Administrative Tribunal (QCAT) order

•the same day for non-liveability

•2 months for compulsory acquisition

•4 weeks for a sale contract signed when the tenants are on a periodic agreement only

•Mutual agreement (where both parties agree on a certain date to end the tenancy)

© April 2013  This information has been sourced from the RTA www.rta.qld.gov.au with minor
editing carried out by www.realestateexcellence.com.au
Our agency is a member office of Real Estate Excellence

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