Notice to leave (Form 12)

Important: New reasons and timeframes for ending a tenancy during the COVID-19 emergency period may apply. This page has been updated to reflect these changes.

The property manager/owner gives a Notice to leave to a tenant when they want them to vacate the property by a certain date.

A tenancy agreement is a legally binding contract that can only be ended in certain ways.

The property manager/owner should use this form:

  • to end a periodic agreement
  • at the end of a fixed term agreement
  • when they have agreed in writing to end a fixed term agreement early, or
  • if they have grounds (reasons) to end a fixed term agreement early.

Note: New reasons/grounds and minimum notice periods for ending a tenancy during COVID-19 emergency period (until 31 December 2020) may be applicable. From 29 March to 30 September 2020, a moratorium on evictions is in effect for residential tenancies in excessive hardship due to the impacts of COVID-19. Read the Residential Tenancies Practice Guide.

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

Minimum timeframes

Without ground
General tenancy
Moveable  dwelling
Long term
 
Moveable  dwelling
Short term
 
Periodic agreement
(Note: cannot be used for COVID-19 impacted leases)
2 months
2 months
2 days
*Fixed term agreement
(Note: cannot be used for COVID-19 impacted leases)
2 months
2 months
2 days
*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). Both parties can agree to end a fixed term agreement early but it must be agreed in writing.
Reason for ending a tenancy
General tenancy
Moveable  dwelling
Long term
 
Moveable  dwelling
Short term
 
Unremedied breach – rent arrears
(Note: cannot be used for COVID-19 impacted leases)
7 days
2 days
n/a
Unremedied breach – general
14 days
2 days
n/a
Non-compliance with QCAT order
7 days
7 days
2 days
Non-compliance (moveable dwelling location)
n/a
2 days
2 days
Non-liveability
The day it is given
The day it is given
The day it is given
Compulsory acquisition
2 months
2 months
2 days
Sale contract (periodic only)
4 weeks
4 weeks
2 days
Voluntary park closure
n/a
3 months
2 days
Compulsory park closure
n/a The day it is given
The day it is given
Employment termination
4 weeks
4 weeks
2 days
Ending of accommodation assistance
4 weeks
4 weeks
2 days
Ending of housing assistance
1 month
2 months
2 days
Serious breach (public housing or community housing) 7 days
n/a n/a
Mortgagee in possession will depend on whether mortgagee has/hasn’t consented to the tenancy
2 months
2 months
No exemption for
moveable dwelling
short term
Death of a sole tenant (parties can agree on an earlier date) 2 weeks
2 weeks
No exemption for
moveable dwelling
short term
Abandonment  7 days or by QCAT order 7 days or by QCAT order
7 days or by QCAT order
Grounds applicable during the COVID-19 emergency period
General tenancy
Moveable  dwelling
Long term
 
Moveable  dwelling
Short term
 
Owner or immediate family to move in 2 months
2 months
n/a
Preparing property for sale or contract of sale requiring vacant possession 2 months (for both fixed term and periodic agreements)
2 months (for both fixed term and periodic agreements)

n/a
Property required for public or statutory purpose 2 months 2 months n/a

Form 12 – Notice to leave
Download (PDF 76KB)
Current version: v15 May20
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