Notice to leave (Form 12)

The Notice to leave (Form 12) is used when the lessor/agent is giving notice to the tenant/s to vacate the property. Correct notice periods must always be given.

The lessor/agent gives this notice to the tenant/s when they want them to vacate the property by a certain date.

Information about your rights and obligations as a tenant are contained in your tenancy agreement.

There may be a number of reasons (grounds) for giving the notice. If the tenant/s dispute these reasons, they should try to resolve the matter with the lessor/agent first. If agreement cannot be reached, the RTA’s dispute resolution service may be able to assist.

If the tenant/s do not leave the property by the date nominated in item 6, the lessor/agent may apply directly to the Queensland Civil and Administrative Tribunal (QCAT) for a termination order without further notice to the tenant.

If the Tribunal makes a termination order it must also make an order for possession of the property in the lessor’s favour.

Eviction of a tenant without an order for possession of the property contravenes the Act.

Schedule of timeframes

Grounds    General tenancy  Moveable  dwelling 
 Long term
 Moveable  dwelling 
 Short term
Unremedied breach—rent arrears 7 days 2 days n/a
Unremedied breach—general 14 days  2 days n/a
Non-compliance with tribunal order 7 days 7 days 2 days
Non-compliance (moveable dwelling location) n/a 2 days  2 days
Non-liveability The day it is given The day it is given The day it is given
Compulsory acquisition 2 months 2 months 2 days
Sale contract (periodic only) 4 weeks 4 weeks 2 days
Voluntary park closure n/a 3 months 2 days
Compulsory park closure n/a The day it is given  The day it is given
Employment termination 4 weeks 4 weeks 2 days
Ending of accommodation assistance 4 weeks 4 weeks 2 days
Ending of housing assistance 1 month 2 months 2 days
Serious breach (public housing or community housing)
7 days
n/a
n/a
Mortgagee in possession
 will depend on whether mortgagee 
 has/hasn’t consented to the tenancy
2 months 2 months No exemption for
moveable dwelling
short term
Death of a sole tenant (parties can
 agree on an earlier date)
2 weeks  2 weeks No exemption for
moveable dwelling
short term
Without grounds—periodic 2 months 2 months 2 days
Without grounds—fixed
Note: Can only be ended before the end of the fixed term if both parties agree.
2 months 2 months 2 days
 
More information is available on our Ending a tenancy agreement page.

Form 12 - Notice to leave


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Current version: v11 Mar14

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