RTA Notice to Leave
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 breach | 7 days |
| Non-compliance with QCAT order | 7 days |
| Failure to comply with the repair order | 14 days |
| Non-liveability | The day it is given |
| Compulsory acquisition | 14 days |
| Intention to sell (subject to criteria) | 14 days |
| Condition of premises | 14 days |
| Ending of entitlement to student accommodation | 1 month |
| Death of a sole tenant | 14 days |
| Death of a co-tenant | 14 days |
| Tenant experiencing domestic and family violence* | 7 days, but can vacate immediately |
| Condition of the property | 14 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)Â 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 AGREEMENT | MINIMUM NOTICE PERIOD |
|---|---|
| Periodic agreement | 14 days |
| Fixed term agreement | Later 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 agreement | 2 months* |
| Unremedied breach – rent arrears | 7 days |
| Unremedied breach – general | 14 days |
| Non-compliance with QCAT order | 7 days |
| Non-liveability | The day it is given |
| Compulsory acquisition | 2 months |
| Sale contract | 2 months |
| Owner occupation | 2 months |
| Significant repairs or renovations | 2 months |
| Planned demolition or redevelopment | 2 months |
| Change of use | 2 months |
| Employment termination | 4 weeks |
| Ending of entitlement to student accommodation | 1 month |
| Ending of accommodation assistance | 4 weeks |
| Ending of housing assistance | 4 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 program | 2 months |
*Â AÂ 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.