PLEASE DOWNLOAD NOTICE OF INTENTION TO LEAVE FORM 13, FILL IN, SIGN AND RETURN TO OUR OFFICE IN THE CORRECT TIME FRAME PROVIDED BELOW:
The lessor/agent gives the Notice to leave (Form 12) to the tenant/s when they want them to vacate the property by a certain date.
Information about tenants’ rights and obligations are included in the tenancy agreement.
There may be one of several reasons (grounds) for giving the notice. If the tenant/s dispute the reason given, they should try to resolve the matter with the lessor/agent first. If agreement cannot be reached, the RTA’s dispute resolution service may be able to assist.
If the tenant/s do not leave the property by the date nominated in item 6, the lessor/agent may apply directly to the Queensland Civil and Administrative Tribunal (QCAT) for a termination order without further notice to the tenant.
If the tribunal makes a termination order it must also make an order for possession of the property in the lessor’s favour.
Eviction of a tenant without an order for possession of the property contravenes the Act.
When serving notices by post, the sender must allow time for the mail to arrive when working out when a notice period ends.
|Unremedied breach – rent arrears||7 days|
|Unremedied breach – general||14 days|
|Non-compliance with tribunal order||7 days||7 days|
|Non-liveability||The day it is given||The day it is given|
|Sale contract (periodic only)||4 weeks||2 weeks|
(For full details please make an appointment with your Property Manager)
|n/a||Date Tenant is vacating. Rent continue to be paid until new Tenant found.|
|Mortgagee in possession will depend on whether mortgagee has/hasn’t consented to the tenancy||2 months||n/a|
|Death of a sole tenant |
(parties can agree on an earlier date)
|2 - 4 weeks||2 - 4 weeks|
|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.|
More information is available on our Ending a tenancy agreement page. Part Information Provided by the RTA.