Requirements before the resident leaves
If the resident wants to leave
If the resident is on a periodic agreement.
The resident needs to give the provider/agent a resident leaving form (form R13), seven (7) days before they plan to leave. the resident must still pay rent for the next seven (7) days after they hand in the resident leaving form. The resident doesn't need a reason to leave.
If the resident is on a fixed term agreement
If the resident signed up for a fixed term agreement, that means both the resident and the provider/agent agreed that the resident would stay to a certain date. The resident must give the provider/agent seven (7) days notice on the resident leaving form. The resident is committed to pay rent until the end date on the agreement and therefore cannot leave before that end date without continuing to pay rent.If the resident needs to leave before the end date date, they should discuss it with the provider/agent and they must always provide a completed resident leaving form.
Remember: If the resident leaves before the date the agreement ends and they don't have a reason allowed under the law, the provider/agent may be able to ask the resident to pay compensation.
The only reasons the resident can leave before the end of their fixed term agreement without costs or penalty are:
- if they have given the provider/agent a notice to remedy breach (form R11)and the provider/agent hasn't fixed the problem by the required date or the provider/agent has repeated the same problem again within five (5) days
- if the resident's room or the common areas become unfit to live in through no fault of the resident
- if the resident can show that they are experiencing extreme hardship and they wish to end the agreement.
Remember: If the resident would like to leave and they are not sure if the law allows them to, or they don't know how much notice to give the provider/agent, they can contact the RTA or the local TAASQ office or the Tenants Union of Queensland.
If the provider/agent wants the resident to leave
There may be a number of reasons why the provider/agent would like the resident to leave before the date their agreement ends.If the resident is asked to leave, they must always be given a notice to leave (form R12).
The notice to leave should detail:
- the reason why the resident is being asked to leave
- the date the resident has to leave by
- the signature of the provider/agent.
The amount of time the resident is given to leave depends on how long they have lived at the place and what the reasons are for them being asked to leave.
The provider/agent can ask the resident to leave without giving a reason but if the resident is on a periodic agreement, they must give them a notice to leave, 30 days before the date they want the resident to leave.
If the resident is on a fixed term agreement, the provider/agent can ask them to leave without reason only if they give them a notice to leave at least 14 days before the date they want the resident to leave. However, they cannot ask the resident to leave before the last day of the fixed term agreement agreement.
If the provider/agent asks the resident to leave immediately
Usually the provider/agent must give the resident a certain amount of time to leave. The only time they can ask the resident to leave immediately are when:- the resident has destroyed or seriously damaged their room or the common areas
- the resident has used their room for an illegal activity
- the resident has endangered or harmed other people at the place they live
- the resident has seriously interfered with the peace, comfort and privacy of other people at the place they live, or
- the resident's 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.
If there is any other reason the provider/agent has for asking the resident to leave, they must give the resident a notice to leave and make sure the correct notice has been given.
If the resident has been asked to leave and isn't sure if the provider/agent has given them enough time to leave, they should contact the RTA, the local Tenant Advice and Advocacy Service (Queensland) or the Tenants' Union of Queensland.
Caution: If the provider/agent has given the resident the proper amount of time to leave and the resident hasn't left, they can use reasonable force to make the resident to leave the place but there must be a police officer present.
The police are usually called to make sure there is no trouble between the resident and the provider/agent while they are leaving.
