Renting

Notice periods for ending a tenancy

There are rules and timeframes that must be followed when ending a tenancy. A tenant, property manager or property owner can all issue a notice ending a tenancy.

If the correct notice and form are not used, the other person may ask for compensation.

When serving notices by post, the sender must allow time for the mail to arrive when working out when a notice period ends.

The Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 came into effect on 24 April 2020 and contains temporary amendments to the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act) to support sustainable tenancies in the residential rental sector during the COVID-19 pandemic.

The tables below outline existing and new grounds (reasons) and notice periods for ending a tenancy under the RTRA Act and during the COVID-19 emergency period. 

 

Tenant gives notice

General tenancies

The tenant gives notice to the property manager/owner using a Notice of intention to leave (Form 13). Minimum notice periods apply.

With grounds (reasons) Minimum notice period Existing or new ground
Unremedied breach 7 days
Existing
Non-compliance with QCAT order 7 days Existing
Non-liveability The day it is given Existing
Compulsory acquisition 2 weeks
Existing
Intention to sell (subject to criteria) 2 weeks Existing 
The rental property is not in good repair and unfit to live in The day it is given, provided the notice is given within the first 7 days of occupying the premises New*
Experiencing domestic and family violence 7 days, but can leave immediately New*

*only applicable during the COVID-19 emergency period

Without grounds (reasons)

A tenant must give at least 14 days' notice, unless the property manager/owner has breached the agreement. The tenancy ends on the end date of the agreement or the end date of the notice period (whichever is longer).

Type of tenancy agreement Minimum notice period
Periodic agreement 14 days
Fixed term agreement 14 days

Caravan park (moveable dwelling) tenancies

The tenant gives notice to the caravan park manager using a Notice of intention to leave. Minimum notice periods apply.

With grounds (reasons) Minimum notice period Existing or new ground
Long term tenancy Short term tenancy  -
Unremedied breach 2 days
n/a Existing
Non-compliance with QCAT order 7 days 1 day
Existing
Non-liveability The day it is given The day it is given
Existing
Compulsory acquisition 2 weeks
1 day
Existing
Intention to sell 2 weeks 1 day
Existing
The rental property is not in good repair and unfit to live in The day it is given, provided the notice is given within the first 7 days of occupying the premises n/a New*
Experiencing domestic and family violence 7 days, but can leave immediately n/a New*

*only applicable during the COVID-19 emergency period 

Without grounds

For a long term tenancy, the tenant must give at least 14 days' notice, unless the caravan park manager has breached the agreement. The tenancy ends on the end date of the agreement or the end date of the notice period (whichever is longer).

Type of tenancy agreement Minimum notice period
Long term tenancy Short term tenancy
Periodic agreement 14 days 1 day
Fixed term agreement 14 days 1 day

Rooming accommodation

The tenant gives notice to the rooming accommodation manager using a Resident leaving form - rooming accommodation(Form R13). Minimum notice periods apply.

With grounds (reasons) Minimum notice period Existing or new ground
Failure to remedy breach 7 days
Existing
Property destroyed or made completely or partly unfit to live in Immediately Existing
The rental property is not in good repair and unfit to live in The day it is given, provided notice is given within the first 7 days of occupying the premises New*
Experiencing domestic and family violence 7 days, but can be immediately New*

*only applicable during the COVID-19 emergency period 

Without grounds

A tenant must give at least 7 days' notice, unless the rooming accommodation manager has breached the agreement. The tenancy ends on the end date of the agreement or the end date of the notice period (whichever is longer).

Type of tenancy agreement Minimum notice period
Periodic agreement 7 days
Fixed term agreement 7 days

Property manager/owner or provider gives notice

General tenancies

The property manager/owner gives notice to the tenant using a Notice to leave (Form 12). Minimum notice periods apply.

To determine what is considered a COVID-19 impacted tenancy, please refer to page 5 of the Residential Tenancies Practice Guide.

With grounds (reasons) Minimum notice period Existing or new ground 
Unremedied breach – rent arrears 7 days
Existing
*Note: Not applicable to COVID-19 impacted tenancies
Unremedied breach – general 14 days Existing
Non-compliance with tribunal order
7 days
Existing
Non-liveability
The day it is given
Existing
Compulsory acquisition
2 months
Existing
Sale contract (periodic agreement) 4 weeks
Existing
Employment termination 1 month
Existing
Ending of accommodation assistance 1 month
Existing
Ending of housing assistance 2 months Existing
Serious breach (social housing) 7 days Existing
Mortgagee in possession  2 months
Existing
Death of a sole tenant (parties can agree on an earlier date) 2 weeks
Existing
A fixed term agreement is due to expire 2 months

Existing
*Note: Note applicable to COVID-19 impacted tenancies

Owner or their immediate family needs to move in 2 months *New
The rental property has been sold and vacant possession is required (may occur during fixed term agreement) 2 months *New
The lessor requires vacant possession in preparing the property to sell (may occur during fixed term agreement) 2 months *New

*only applicable during COVID-19 emergency period

Without grounds

A tenant must be given at least 2 months' notice, unless they have breached the agreement. However, the tenancy only ends on the end date of the agreement or the end date of the notice period (whichever is later).

IMPORTANT: During the COVID-19 emergency period, tenancies impacted by COVID-19 cannot be ended without grounds. To determine what is considered a COVID-19 impacted tenancy, please refer to page 5 of the Residential Tenancies Practice Guide. See the ‘with grounds’ table above for approved reasons to end a tenancy.     

Type of tenancy agreement Minimum notice period
Periodic agreement 2 months
Fixed term agreement 2 months

Caravan park (moveable dwelling) tenancies

The caravan park manager gives notice to the tenant using a Notice to leave. Minimum notice periods apply.

To determine what is considered a COVID-19 impacted tenancy, please refer to page 5 of the Residential Tenancies Practice Guide.

With grounds (reasons) Minimum notice period Existing or new ground
Long term tenancy Short term tenancy -
Unremedied breach – rent arrears
2 days
n/a
Existing
*Note: Not applicable to COVID-19 impacted tenancies
Unremedied breach – general
2 days
n/a
Existing
Non-compliance with tribunal order
7 days
2 days
Existing
Non-compliance (moveable dwelling location)
2 days
2 days
Existing
Non-liveability
The day it is given The day it is given
Existing
Compulsory acquisition 2 months
2 days
Existing
Sale contract (periodic only) 4 weeks
2 days
Existing
Voluntary park closure 3 months
2 days
Existing
Compulsory park closure The day it is given
The day it is given Existing
Employment termination 1 month
2 days
Existing
Ending of accommodation assistance 1month
2 days
Existing
Ending of housing assistance 2 months
2 days
Existing
Mortgagee in possession 2 months
No exemption for moveable dwelling short term Existing
Death of a sole tenant (parties can agree on an earlier date) 2 weeks
No exemption for moveable dwelling short term Existing
A fixed term agreement is due to expire 2 months 2 days Existing
*Note: Not applicable to COVID-19 impacted tenancies with long term agreements. Short term agreements can be extended if both parties agree.
Owner or their immediate family needs to move in 2 months n/a *New
The rental property has been sold and vacant possession is required (may occur during fixed term agreement) 2 months n/a *New
The lessor requires vacant possession in preparing the property to sell (may occur during fixed term agreement) 2 months n/a *New

*only applicable during COVID-19 emergency period

Without grounds

For a long term tenancy, a tenant must be given at least 2 months notice, unless they have breached the agreement. The tenancy only ends on the end date of the agreement or the end date of the notice period (whichever is later).

IMPORTANT: During the COVID-19 emergency period, tenancies impacted by COVID-19 cannot be ended without grounds. To determine what is considered a COVID-19 impacted tenancy, please refer to page 5 of the Residential Tenancies Practice Guide. See the ‘with grounds’ table above for approved reasons to end a tenancy.    

Type of tenancy agreement Minimum notice period
Long term tenancy Short term tenancy
Periodic agreement 2 months
2 days
Fixed term agreement 2 months
2 days

Rooming accommodation

The rooming accommodation manager gives notice to the tenant using a Notice to leave - rooming accommodation (Form R12). Minimum notice periods apply.

To determine what is considered a COVID-19 impacted tenancy, please refer to page 5 of the Residential Tenancies Practice Guide.

With grounds (reasons) Minimum notice period Existing or new ground
Failure to remedy breach - rent arrears less than 28 days
Immediately
Existing
*Note: Not applicable to COVID-19 impacted residences
Failure to remedy breach – rent arrears 28 days or more
4 days
Serious breach
Immediately
Existing
Property destroyed
Immediately Existing
Compulsory acquisition 2 months
Existing
Employment termination or entitlement to occupy for employment ends 4 weeks
Existing
Mortgagee in possession 30 days
Existing
Death of a sole resident 7 days (parties can agree on an earlier date) Existing
A fixed term agreement is due to expire 1 month Existing
*Note: Not applicable to COVID-19 impacted residences
The rental property has been sold and vacant possession is required (may occur during fixed term agreement) 1 month *New
The lessor requires vacant possession in preparing the property to sell (may occur during fixed term agreement) 1 month *New

*only applicable during COVID-19 emergency period

Without grounds

A tenant must be given at least 14 days notice, unless they have breached the agreement. The tenancy only ends on the end date of the agreement or the end date of the notice period (whichever is later).

IMPORTANT: During the COVID-19 emergency period, residencies impacted by COVID-19 cannot be ended without grounds. To determine what is considered a COVID-19 impacted tenancy, please refer to page 5 of the Residential Tenancies Practice Guide. See the ‘with grounds’ table above for approved reasons to end a residency.

Type of tenancy agreement Minimum notice period
Periodic agreement 30 days
Fixed term agreement 14 days