When a tenant or lessor dies

When a tenant or a lessor dies during a tenancy, it can be a very difficult time for everyone involved, so it's important for all parties to communicate openly and respectfully.

A legal representative or administrator, such as an executor or next of kin (family member), will be appointed to act on the deceased person’s behalf. If a tenant has died, this person is also responsible for removing any of their belongings left behind at the rental.

Death of a sole tenant

General tenancies and moveable dwellings

If the person who died was the only tenant renting the property, the tenancy ends either:

• 14 days after the tenant's legal representative or administrator gives the property manager/owner written notice of the end of the agreement due to the tenant's death
• 14 days after the property manager/owner gives the tenant's legal representative or administrator written notice of the end of the agreement due to the tenant's death
• the day mutually agreed by the property manager/owner and the tenant’s legal representative or administrator
• the day decided by the Queensland Civil and Administrative Tribunal (QCAT) following an application by the property manager/owner.

If none of the above occurs, the tenancy agreement ends one month after the tenant's death for both fixed term and periodic agreements. If the tenant was on a short-term tenancy agreement for a movable dwelling, the agreement ends two days after their death.

Rooming accommodation

If the person who died was the only tenant renting the property, the tenancy ends either:

• 7 days after the tenant’s legal representative or administrator gives the property manager/owner written notice of the end of the agreement due to the tenant's death
• 7 days after the property manager/owner gives the tenant’s legal representative or administrator written notice of the end of the agreement due to the tenant's death
• the day mutually agreed by the property manager/owner and the tenant’s legal representative or administrator
• the day decided by QCAT following an application by the property manager/owner.

If none of the above occurs, the tenancy agreement ends 14 days after the tenant's death for both fixed term and periodic agreements.

Death of one of multiple tenants  

If a co-tenant has died, the remaining tenant/s can choose to either:

• continue the tenancy
• give notice to end the agreement, if continuing it would be impractical or cause excessive hardship
• negotiate with the property manager/owner to have a new tenant move into the property and sign a new tenancy agreement.

Co-tenants cannot claim the deceased person’s bond contribution. It can only be claimed by the deceased person's estate.

Any debts incurred by the deceased may be negotiated between the property manager/owner, the remaining tenants, and the deceased person's legal representative or administrator. The property managers/owner will ultimately need to follow the ordinary process to recover a debt owed by the deceased tenant from that person’s estate. 

Ending a tenancy

If the remaining tenant/s choose to end the tenancy, they should issue the property manager/owner with:

• a Notice of intention to leave (Form 13) for general tenancies or movable dwellings, giving 14 days’ notice to end the tenancy for both fixed term and periodic agreements  
• a Notice of intention to leave (Form R13) for rooming accommodation, giving 7 days’ notice to end the tenancy for both fixed term and periodic agreements.  

Alternatively, the tenant/s and the property manager/owner can mutually agree on a date to end the tenancy.    

Death of a lessor   

​The tenancy does not automatically end because of the death of a lessor. If there is more than one lessor, the remaining lessor or lessors are required to continue the agreement. 

If a sole lessor dies, the tenancy continues and the lessor's legal representative or administrator (usually a next of kin) acts as the new lessor. A Change of property manager/owner (Form 5) should be lodged with the RTA.  

The tenant should continue to pay rent to the usual account, unless advised otherwise by the new lessor. If the new lessor wants to end the tenancy, they must follow the correct procedures and notice periods.  

Acting on behalf of a deceased tenant or lessor

Before the RTA can support you as a legal representative or administrator of the deceased, you will need provide us with documentation proving you have authority to act on their behalf. These documents only need to be provided the first time you deal with the RTA on behalf of the deceased.

The required documents are:

• a death certificate or interim death certificate
• photo identification of the executor (unless the administrator is the Public Trustee of Queensland)
• one of the following:
  • grant of probate: an official court document stating the will is legally valid, and naming the executor who has the authority to administer the estate of the deceased. The named executor must be the same as the person contacting the RTA to act on the deceased person’s behalf
  • letter of administration: an official court document issued if there is no will, appointing an administrator of the estate of the deceased. The named administrator must be the same as the person contacting the RTA to act on the deceased person’s behalf
  • statutory declaration: if there is no grant of probate or letter of administration, the person representing the deceased must complete a statutory declaration. Please contact us for a copy of the RTA’s statutory declaration, or you may use the standard Queensland Government statutory declaration.  

The RTA is unable to accept copies of a will or an enduring power of attorney as proof that a representative or administrator can act on the deceased person’s behalf.

You should also provide us with any relevant RTA forms. These forms should be signed by the representative or administrator, on behalf of the deceased person.

Example scenarios