Notice periods for ending a tenancy
There are rules and timeframes that must be followed when ending a tenancy. A tenant, property manager or property owner can all issue a notice ending a tenancy.
If the correct notice and form are not used, the other person may ask for compensation.
When serving notices by post, the sender must allow time for the mail to arrive when working out when a notice period ends.
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 |
| Non-liveability |
The day it is given |
| Compulsory acquisition |
2 weeks
|
| Intention to sell |
2 weeks |
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).
| Type of tenancy agreement |
Minimum notice period |
| Periodic agreement |
14 days
|
| Fixed term agreement |
14 days |
Caravan park (moveable dwelling) tenancies
The tenant gives notice to the caravan park manager using a Notice of intention to leave. Minimum notice periods apply.
| With grounds (reasons) |
Minimum notice period |
| Long term tenancy |
Short term tenancy |
| Unremedied breach |
2 days
|
n/a |
| Non-compliance with QCAT order |
7 days |
1 day
|
| Non-liveability |
The day it is given |
The day it is given
|
| Compulsory acquisition |
2 weeks
|
1 day
|
| Intention to sell |
2 weeks |
1 day
|
Without grounds
For a long term tenancy, the tenant must give at least 14 days' notice, unless the caravan park manager 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).
| Type of tenancy agreement |
Minimum notice period |
| Long term tenancy |
Short term tenancy |
| Periodic agreement |
14 days
|
1 day
|
| Fixed term agreement |
14 days |
1 day
|
Rooming accommodation
The tenant gives notice to the rooming accommodation manager using a Resident leaving form - rooming accommodation (Form R13). Minimum notice periods apply.
| With grounds (reasons) |
Minimum notice period |
| Failure to remedy breach |
7 days
|
| Property destroyed or made completely or partly unfit to live in |
Immediately |
Without grounds
A tenant must give at least 7 days' notice, unless the rooming accommodation manager 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).
| Type of tenancy agreement |
Minimum notice period |
| Periodic agreement |
7 days
|
| Fixed term agreement |
7 days |
Property manager/owner or 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 |
| Unremedied breach – rent arrears |
7 days
|
| Unremedied breach – general |
14 days |
Non-compliance with tribunal order
|
7 days
|
Non-liveability
|
The day it is given
|
Compulsory acquisition
|
2 months
|
| Sale contract (periodic only) |
4 weeks
|
| Employment termination |
4 weeks
|
| Ending of accommodation assistance |
4 weeks
|
| Ending of housing assistance |
1 month |
| Serious breach (public housing or community housing) |
7 days |
| Mortgagee in possession (depends if mortgagee has consented to tenancy) |
2 months
|
| Death of a sole tenant (parties can agree on an earlier date) |
2 weeks
|
Without grounds
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).
| Type of tenancy agreement |
Minimum notice period |
| Periodic agreement |
2 months
|
| Fixed term agreement |
2 months
|
Caravan park (moveable dwelling) tenancies
The caravan park manager gives notice to the tenant using a Notice to leave. Minimum notice periods apply.
| With grounds (reasons) |
Minimum notice period |
| Long term tenancy |
Short term tenancy |
Unremedied breach – rent arrears
|
2 days
|
n/a
|
Unremedied breach – general
|
2 days
|
n/a
|
Non-compliance with tribunal order
|
7 days
|
2 days
|
Non-compliance (moveable dwelling location)
|
2 days
|
2 days
|
Non-liveability
|
The day it is given |
The day it is given
|
| Compulsory acquisition |
2 months
|
2 days
|
| Sale contract (periodic only) |
4 weeks
|
2 days
|
| Voluntary park closure |
3 months
|
2 days
|
| Compulsory park closure |
The day it is given
|
The day it is given |
| Employment termination |
4 weeks
|
2 days
|
| Ending of accommodation assistance |
4 weeks
|
2 days
|
| Ending of housing assistance |
2 months
|
2 days
|
| Mortgagee in possession (depends if mortgagee has consented to the tenancy) |
2 months
|
No exemption for moveable dwelling short term |
| Death of a sole tenant (parties can agree on an earlier date) |
2 weeks
|
No exemption for moveable dwelling short term |
Without grounds
For a long term tenancy, a tenant must be given at least 2 months notice, unless they have breached the agreement. The tenancy only ends on the end date of the agreement or the end date of the notice period (whichever is later).
| Type of tenancy agreement |
Minimum notice period |
| Long term tenancy |
Short term tenancy |
| Periodic agreement |
2 months
|
2 days
|
| Fixed term agreement |
2 months
|
2 days
|
Rooming accommodation
The rooming accommodation manager gives notice to the tenant using a Notice to leave - rooming accommodation (Form R12). Minimum notice periods apply.
| With grounds (reasons) |
Minimum notice period |
Failure to remedy general breach
|
2 days
|
Failure to remedy rent breach – less than 28 days
|
Immediately
|
Failure to remedy rent breach – 28 days or more
|
4 days
|
Serious breach
|
Immediately
|
Property destroyed
|
Immediately |
| Property acquired compulsorily under law |
2 months
|
| Employment ends or entitlement to occupy under employment ends |
1 month
|
| Mortgagee in possession |
30 days
|
| Death of a sole resident |
7 days (parties can agree on an earlier date) |
Without grounds
A tenant must be given at least 14 days notice, unless they have breached the agreement. The tenancy only ends on the end date of the agreement or the end date of the notice period (whichever is later).
| Type of tenancy agreement |
Minimum notice period |
| Periodic agreement |
30 days
|
| Fixed term agreement |
14 days
|