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
    • 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

All notices to leave must be given in writing.

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
  • 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

 

The resident needs to give the provider/agent a Resident leaving form (Form R13):

  • 7 days without grounds (no reason) under a periodic agreement
  • 7 days or the end of the term (whichever is later) without grounds under a fixed term agreement

The provider/agent needs to give the resident a Notice to leave form (Form R12):

  • 30 days without grounds (no reason) under a periodic agreement
  • 14 days without grounds under a fixed term agreement, but they cannot ask them to leave before the end of the agreement without grounds to do so
  • For breaches of the tenancy agreement:
    • At least 2 days notice for an unremedied breach other than unpaid rent
    • Breaches relating to unpaid rent: For tenancies under 28 days in duration, immediate notice and 4 days notice if the tenancy is over 28 days
  • Immediate notice if the resident(s)
    • has destroyed or seriously damaged their room or the common areas
    • has used their room for an illegal activity
    • has endangered or harmed other people at the place they live
    • has seriously interfered with the peace, comfort and privacy of other people at the place they live, or
    • room or the common areas are destroyed or made completely or partly unfit to live in or the provider/agent has to close the place down by law

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