Notice to leave (Form 12)

Important: Reasons and timeframes for ending a tenancy during the COVID-19 emergency period have changed from 30 September 2020. 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: The moratorium on evictions for residential tenancies in excessive hardship due to the impacts of COVID-19 ended on 29 September 2020. Reasons/grounds and minimum notice periods for ending a tenancy during COVID-19 emergency period (until 31 December 2020) have been updated and are applicable from 30 September 2020. Refer to the updated 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 2 months 2 months 2 days
*Fixed term agreement 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 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 (must use an Abandonment termination notice) 7 days or by QCAT order 7 days or by QCAT order 7 days or by QCAT order

 

Form 12 – Notice to leave
Download (PDF 72KB)
Current version: v17 Sep20

 

Was this page helpful?

Please note that we cannot respond to any comments made here. If you need a response, please contact us

Please select a reson