Changes to Queensland rental laws came into effect from 6 June 2024. Further changes commenced on 30 September 2024. Learn more.
Minimum housing standards came into effect for new tenancies (including renewed tenancy agreements) from 1 September 2023 and for all remaining tenancies from 1 September 2024.
If a tenant or property manager/owner ends a fixed term agreement before the end date they are breaking the agreement. This is also known as breaking the lease.
A tenancy agreement is legally binding and can only be ended for certain reasons. If either the property manager/owner or the tenant breaks the agreement, compensation will probably need to be paid.
If the tenant or property manager/owner is experiencing excessive hardship (e.g. serious financial or health issues) they may make an urgent application to QCAT for an order terminating the agreement. However, QCAT may order compensation to be paid even if the agreement is terminated.
Compensation
Money may be owed as a result of breaking the lease. This is considered compensation.
Examples:
- If the tenant breaks the lease, they may have to pay reletting costs.
- If the property manager/owner breaks the lease, they may have to pay for the tenant’s moving costs.
Any compensation, or payment options for the amount, should be discussed between the tenant and the property manager/owner (this could include how the bond is to be paid out).
The property manager/owner must mitigate any loss associated with breaking the lease.
Residential tenancy agreements entered into before 30 September 2024, that include a term requiring tenants/residents to pay reasonable costs for reletting the premises and were compliant prior to 30 September 2024 rental law changes commencing, will be considered compliant under the Act and will still apply at the agreement end date.