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.

The Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 was amended on 30 September 2020 to help the Queensland residential rental sector transition back to normal tenancy arrangements and processes under the Residential Tenancies and Rooming Accommodation Act 2008.

The changes from 30 September will continue until 31 December 2020.

The tables below outline existing and the remaining new grounds (reasons) and notice periods for ending a tenancy under the RTRA Act and during the COVID-19 emergency period.

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 (subject to criteria)	2 weeks
Experiencing domestic and family violence*	7 days, but can leave immediately

*only applicable during the COVID-19 emergency period

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
With grounds (reasons)	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
Experiencing domestic and family violence*	7 days, but can leave immediately	n/a

*only applicable during the COVID-19 emergency period

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
Type of tenancy agreement	Long term tenancy	Short term tenancy
Periodic agreement	14 days	1 day
Fixed term agreement	14 days	1 day

Rooming accommodation

The resident gives notice to the rooming accommodation manager/provider 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
Experiencing domestic and family violence*	7 days, but can leave immediately

*only applicable during the COVID-19 emergency period

Without grounds

A resident must give at least 7 days' notice, unless the rooming accommodation manager/provider has breached the agreement. The residency 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.

COVID-19 arrangements update for residential tenancies

Notices issued using previous additional approved grounds reasons on or before 29 September 2020 remain effective.

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 agreement)	4 weeks
Employment termination	1 month
Ending of accommodation assistance	1 month
Ending of housing assistance	1 month
Serious breach (social housing)	7 days
Mortgagee in possession	2 months
Death of a sole tenant (parties can agree on an earlier date)	2 weeks
A fixed term agreement is due to expire	2 months

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).

COVID-19 arrangements update for residential tenancies

Notice to leave without grounds issued to (COVID-19 impacted tenants) prior to 29 September 2020 are null and void and must be re-issued after 29 September 2020.

Notice to leave without grounds issued to non-COVID-19 impacted tenants prior to 29 September 2020 remain in effect.

To determine who is considered COVID-19 impacted, please refer to page 5 of the updated Residential Tenancies Practice Guide. See the ‘with grounds’ table above for approved reasons to end a tenancy.

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.

COVID-19 arrangements update for residential tenancies

Notices issued using previous additional approved grounds reasons on or before 29 September 2020 remain effective.

With grounds (reasons)	Minimum notice period
With grounds (reasons)	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	1 month	2 days
Ending of accommodation assistance	1month	2 days
Ending of housing assistance	2 months	2 days
Mortgagee in possession	2 months	n/a
Death of a sole tenant (parties can agree on an earlier date)	2 weeks	n/a
A fixed term agreement is due to expire	2 months	2 days

Without grounds

COVID-19 arrangements update for residential tenancies

Notice to leave without grounds issued to (COVID-19 impacted tenants) prior to 29 September 2020 are null and void and must be re-issued after 29 September 2020.

Notice to leave without grounds issued to non-COVID-19 impacted tenants prior to 29 September 2020 remain in effect.

Type of tenancy agreement	Minimum notice period
Type of tenancy agreement	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 resident using a Notice to leave - rooming accommodation (Form R12). Minimum notice periods apply.

COVID-19 arrangements update for residential tenancies

Notices issued using previous additional approved grounds reasons on or before 29 September 2020 remain effective.

With grounds (reasons)	Minimum notice period
Failure to remedy breach - rent arrears less than 28 days	Immediately
Failure to remedy breach – rent arrears 28 days or more	4 days
Serious breach	Immediately
Property destroyed	Immediately
Compulsory acquisition	2 months
Employment termination or entitlement to occupy for employment ends	4 weeks
Mortgagee in possession	30 days
Death of a sole resident	7 days (parties can agree on an earlier date)
A fixed term agreement is due to expire	1 month

Without grounds

A resident must be given at least 14 days notice, unless they have breached the agreement. The residency only ends on the end date of the agreement or the end date of the notice period (whichever is later).

COVID-19 arrangements update for residential tenancies

Notice to leave without grounds issued to (COVID-19 impacted residents) prior to 29 September 2020 are null and void and must be re-issued after 29 September 2020.

Notice to leave without grounds issued to non-COVID-19 impacted residents prior to 29 September 2020 remain in effect.

Type of tenancy agreement	Minimum notice period
Periodic agreement	30 days
Fixed term agreement	14 days

Residential Tenancies Authority

Ending a tenancy

Ending a tenancy

Tenant gives notice

General tenancies

Without grounds (reasons)

Caravan park (moveable dwelling) tenancies

Without grounds

Rooming accommodation

Without grounds

Property manager/owner or provider gives notice

General tenancies

Without grounds

Caravan park (moveable dwelling) tenancies

Without grounds

Rooming accommodation

Without grounds

Form 17a

Residential Tenancies Authority

Ending a tenancy

Ending a tenancy

Notice periods for ending a tenancy

Tenant gives notice

General tenancies

Without grounds (reasons)

Caravan park (moveable dwelling) tenancies

Without grounds

Rooming accommodation

Without grounds

Property manager/owner or provider gives notice

General tenancies

Without grounds

Caravan park (moveable dwelling) tenancies

Without grounds

Rooming accommodation

Without grounds

Form 17a

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