Advanced Search
Your search results

RTA Notice to Leave

Posted by MountIsaProperty on 07/11/2023
0

RTA Notice to Leave Rules

For your convenience here is a quick look at the RTA notice to leave rules and timeframes that must be followed for general tenancies in Queensland.

Read our page RTA Rental Law Changes for the latest RTA rental rules including pets, repair orders and ending a tenancy.

For full details including caravan park (moveable dwelling) tenancies and rooming accommodation visit the RTA website.

 

Notice Periods for Ending a Tenancy

A tenant, property manager or property owner can all issue a notice ending a tenancy.

Tenant Gives Notice

General Tenancies

The tenant gives notice to the property manager/owner using a Notice of intention to leave (Form 13). Minimum notice periods apply.

 

WITH GROUNDS (REASONS)MINIMUM NOTICE PERIOD
Unremedied breach7 days
Non-compliance with QCAT order7 days
Failure to comply with the repair order14 days
Non-liveabilityThe day it is given
Compulsory acquisition14 days
Intention to sell (subject to criteria)14 days
Condition of premises14 days
Ending of entitlement to student accommodation1 month
Death of a sole tenant14 days
Death of a co-tenant14 days
Tenant experiencing domestic and family violence*7 days, but can vacate immediately
Condition of the property14 days (within the first 7 days of occupying the property)

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

The tenant may give a Notice of intention to leave (Form 13) within the first seven days of occupying the property if:

  • the property is not fit for the tenant to live in
  • the property or its inclusion is not in good repair
  • the managing party is in breach of a law dealing with issues about the health and safety of persons using or entering the property
  • the property or its inclusions do not comply with the prescribed minimum housing standards – only effective once minimum housing standards apply to the property. Minimum housing standards came into effect for new tenancies (including renewed tenancy agreements) on 1 September 2023 and will commence for all remaining tenancies on 1 September 2024.

The tenant may not give a Notice of intention to leave (Form 13) under this ground if the circumstances mentioned above were caused by an action or failure of the tenant.

Without Grounds (reasons)

A tenant must give at least 14 days’ notice unless the property manager/owner has breached the agreement. The tenancy ends on the end date of the agreement or the end date of the notice period (whichever is longer). Parties can agree to end the tenancy earlier but it must be agreed in writing.

TYPE OF TENANCY AGREEMENTMINIMUM NOTICE PERIOD
Periodic agreement14 days
Fixed term agreementLater of 14 days or the day the agreement ends

 


Property Manager/Owner or Manager/Provider gives notice

General Tenancies

The property manager/owner gives notice to the tenant using a Notice to Leave (Form 12). Minimum notice periods apply.

 

WITH GROUNDS (REASONS)MINIMUM NOTICE PERIOD
End of a fixed term agreement2 months*
Unremedied breach – rent arrears7 days
Unremedied breach – general14 days
Non-compliance with QCAT order7 days
Non-liveabilityThe day it is given
Compulsory acquisition2 months
Sale contract2 months
Owner occupation2 months
Significant repairs or renovations2 months
Planned demolition or redevelopment2 months
Change of use2 months
Employment termination4 weeks
Ending of entitlement to student accommodation1 month
Ending of accommodation assistance4 weeks
Ending of housing assistance4 weeks
Serious breach (public housing or community housing)7 days
Mortgagee in possession (depending on whether mortgagee has/hasn’t consented to the tenancy)2 months
Death of a sole tenant (parties can agree on an earlier date)14 days
Property required for State government program2 months

* A Notice to leave (Form 12) can be given for the end of a fixed term agreement up to one day prior to the end of the tenancy, with a minimum notice period of two months. For example, if a fixed term agreement ends on 4 November 2023 and a Notice to leave is given on 3 November 2023, tenants will have until at least 13 January 2024 (minimum two months) to vacate.

Learn more at our page RTA rental rules.

 


 

Compare Listings