Death of a sole tenant

Rental law changes around ending tenancies, renting with pets and the introduction of repair orders commenced on 1 October 2022.

When a sole tenant dies the tenancy ends:

  • 14 days after the tenant's representative or relative 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 representative or relative written notice of the end of the agreement due to the tenant's death
  • the day agreed by the property manager/owner and the tenant's representative or relative, or
  • the day decided by QCAT following an application by the property manager/owner

However, if none of this occurs, the tenancy agreement ends 1 month after the tenant's death for both fixed and periodic agreements.

If a co-tenant dies and continuing with the tenancy would be impractical or cause the remaining tenant excessive hardship, the remaining tenant may end the tenancy by giving the property manager/owner 14 days notice.

Co-tenants cannot claim the deceased's bond contribution; it can only be claimed by the deceased's estate.

Any debts incurred by the deceased will need to be dealt with by the property manager/owner, the remaining tenants and the deceased's legal representative.

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