Notice of intention to leave (Form 13)

Notice of intention to leave (Form 13)
v21 Oct21

The Notice of intention to leave (Form 13) is used when the tenant/s are giving notice to the lessor/agent that they wish to vacate the premises by a certain date.

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The Notice of intention to leave (Form 13) is used when the tenant/s are giving notice to the lessor/agent that they wish to vacate the premises by a certain date.

A tenancy agreement is a legally binding contract that can only be ended in certain ways. Notice to end a tenancy must be in writing.

A tenant gives the Notice of intention to leave to the property manager/owner when they want to vacate the property by a certain date.

The tenant should use this form:

If the tenant is giving this notice because of an unremedied breach by the property manager/owner it does not guarantee they can end the fixed term agreement early without having to pay compensation.

Tenants who are impacted by the COVID-19 emergency and need to end their fixed term agreement early may be eligible for capped break lease costs equivalent to one week’s rent. For further information and eligibility criteria, please refer to the Residential Tenancies Practice Guide.

The tenant can also apply for dispute resolution assistance for non-urgent matters or apply directly to QCAT for urgent matters before giving a Notice of intention to leave.

Tenants who believe they can no longer safely occupy the premises due to experiencing domestic and family violence can end their interest in a tenancy quickly and safely by completing a Notice ending tenancy interest (domestic and family violence) (Form 20) and provide it to the property owner/manager with relevant evidence.

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

Minimum notice periods

Grounds (reasons) General tenancy Moveable  dwelling
Long term
 
Moveable  dwelling
Short term
 


A tenant experiencing domestic and family violence

Note: Please complete a Notice ending tenancy interest (domestic and family violence) (Form 20) and provide it to the property manager/owner with relevant evidence

7 days, but can leave immediately 7 days, but can leave immediately 7 days, but can leave immediately
Without grounds* Periodic - 2 weeks
Fixed term - the later of 14 days or the day the agreement ends
Periodic - 2 weeks
Fixed term - the later of 14 days or the day the agreement ends
1 day
Unremedied breach 7 days 2 days 1 day
Non-compliance with tribunal order 7 days 7 days 1 day
Non-liveability The day it is given The day it is given The day it is given
Compulsory acquisition 2 weeks 2 weeks 1 day
Intention to sell (subject to criteria) 2 weeks 2 weeks 1 day

*Parties can agree to end earlier but it must be agreed in writing.

Grounds for which this notice may not be used

Without ground General tenancy Moveable  dwelling
Long term
 
Moveable  dwelling
Short term
 
Excessive hardship By QCAT order By QCAT order By QCAT order
Damage By QCAT order By QCAT order By QCAT order
Injury By QCAT order By QCAT order By QCAT order
Objectional behavior By QCAT order By QCAT order By QCAT order
Incompatibility By QCAT order By QCAT order By QCAT order
Repeated breaches by lessor/provider By QCAT order By QCAT order By QCAT order

 

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