Notice to leave (Form 12)

Notice to leave (Form 12)
v26 Sep24

The Notice to leave (Form 12) is used when the lessor/agent is giving notice to the tenant/s to vacate the property. Correct notice periods must always be given.

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The Notice to leave (Form 12) is used when the lessor/agent is giving notice to the tenant/s to vacate the property. Correct notice periods must always be given.

Changes to Queensland rental laws came into effect from 6 June 2024. Further changes commenced on 30 September 2024. Learn more.

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.

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 notice periods

Grounds (reasons)General tenancy(Periodic and fixed term agreements)Moveable  dwelling
(long-term agreement)
 		Moveable  dwelling
(short-term agreement)
End of a fixed term agreement2 months^2 months2 days
Unremedied breach – rent arrears7 days2 days2 days
Unremedied breach – general14 days2 days2 days
Non-compliance with QCAT order7 days7 days2 days
Non-compliance (moveable dwelling relocation)n/a2 days2 days
Non-livabilityThe day it is givenThe day it is givenThe day it is given
Compulsory acquisition2 months2 monthsThe day it is given
Sale contract* 2 months2 monthsn/a
Owner occupation*2 months2 monthsn/a
Significant repairs or renovations*2 months2 monthsn/a
Planned demolition or redevelopment*2 months2 monthsn/a
Change of use of property*2 months2 monthsn/a
Voluntary park closuren/a3 months2 days
Compulsory park closuren/aThe day it is givenThe day it is given
Employment termination4 weeks4 weeks2 days
Ending of entitlement to student accommodation1 monthn/an/a
Ending of accommodation assistance4 weeks4 weeks2 days
Ending of housing assistance4 weeks4 weeks2 days
Death of a sole tenant (parties can agree on an earlier date)14 days14 daysn/a
Property required for State government program*2 months2 monthsn/a
Serious breach (public housing or community housing)7 daysn/an/a

*This reason cannot be used to end a fixed term tenancy agreement early. The tenancy only finishes 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.

End of a fixed term agreement 

^ 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 14 November 2022 and a Notice to leave is given on 13 November 2022, tenants will have until at least 13 January 2023 (minimum two months) to vacate.

Grounds for which this notice may not be used

Grounds (reasons)General tenancyMoveable  dwelling
(long-term agreement)
 		Moveable  dwelling
(short-term agreement)
Failure to leave as intendedBy QCAT orderBy QCAT orderBy QCAT order
Excessive hardshipBy QCAT orderBy QCAT orderBy QCAT order
DamageBy QCAT orderBy QCAT orderBy QCAT order
InjuryBy QCAT orderBy QCAT orderBy QCAT order
Objectional behaviorBy QCAT orderBy QCAT orderBy QCAT order
IncompatibilityBy QCAT orderBy QCAT orderBy QCAT order
Repeated breaches by tenantBy QCAT orderBy QCAT orderBy QCAT order
Abandonment7 days^ or by QCAT order7 days^ or by QCAT order7 days^ or by QCAT order
NuisanceBy QCAT orderBy QCAT orderBy QCAT order

^ An Abandonment termination notice (Form 15) is used when the lessor/agent wants to end a tenancy agreement because they believe the property has been abandoned.