Non-payment of rent

If a tenant doesn't pay all the rent on the day it is due; the following day they are 1 day in arrears.

The property manager/owner cannot issue a breach notice until the tenant is a certain number of days in arrears. This number varies depending on the type of tenancy agreement.

General tenancies and long-term moveable dwellings

Breach process

If the tenant falls more than 7 days behind in rent, the property manager/owner can issue a Notice to remedy breach (Form 11), giving them 7 days (5 days in a caravan park) to pay the outstanding amount.

If the tenant pays the rent within the timeframe their agreement will continue. Keep in mind, any new rent may also be due during the breach process.

Notice to leave

If the breach notice expires and the rent remains unpaid, the property manager/owner can give the tenant a Notice to leave (Form 12), giving them a minimum of 7 days to move out (2 days in a caravan park).

If the tenant wants to dispute the notice they may apply for dispute resolution assistance with the RTA.

The tenant may also decide to pay all the rent due and ask the property manager/owner in writing if they can stay. This will be up to the property manager/owner’s discretion. If the property manager/owner agrees to let the tenant stay, this agreement should be in writing.

QCAT

If the tenant doesn't move out, the property manager/owner can lodge an urgent application directly with QCAT for an order to end the tenancy (this must be done within 14 days after the handover day).

The property manager/owner must be able to prove the breach warrants terminating the agreement. If the application is successful QCAT will make an order to end the tenancy and issue a Warrant of possession.

Unpaid rent procedure – general tenancies

Unpaid rent procedure - general tenancies
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