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.