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 came into effect on 24 April 2020 and contains temporary amendments to the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act) to support sustainable tenancies in the residential rental sector during the COVID-19 pandemic.

The tables below outline existing and 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	Existing or new ground
Unremedied breach	7 days	Existing
Non-compliance with QCAT order	7 days	Existing
Non-liveability	The day it is given	Existing
Compulsory acquisition	2 weeks	Existing
Intention to sell (subject to criteria)	2 weeks	Existing
The rental property is not in good repair and unfit to live in	The day it is given, provided the notice is given within the first 7 days of occupying the premises	New*
Experiencing domestic and family violence	7 days, but can leave immediately	New*

*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		Existing or new ground
With grounds (reasons)	Long term tenancy	Short term tenancy	-
Unremedied breach	2 days	n/a	Existing
Non-compliance with QCAT order	7 days	1 day	Existing
Non-liveability	The day it is given	The day it is given	Existing
Compulsory acquisition	2 weeks	1 day	Existing
Intention to sell	2 weeks	1 day	Existing
The rental property is not in good repair and unfit to live in	The day it is given, provided the notice is given within the first 7 days of occupying the premises	n/a	New*
Experiencing domestic and family violence	7 days, but can leave immediately	n/a	New*

*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 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	Existing or new ground
Failure to remedy breach	7 days	Existing
Property destroyed or made completely or partly unfit to live in	Immediately	Existing
The rental property is not in good repair and unfit to live in	The day it is given, provided notice is given within the first 7 days of occupying the premises	New*
Experiencing domestic and family violence	7 days, but can be immediately	New*

*only applicable during the COVID-19 emergency period

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.

To determine what is considered a COVID-19 impacted tenancy, please refer to page 5 of the Residential Tenancies Practice Guide.

With grounds (reasons)	Minimum notice period	Existing or new ground
Unremedied breach – rent arrears	7 days	Existing *Note: Not applicable to COVID-19 impacted tenancies
Unremedied breach – general	14 days	Existing
Non-compliance with tribunal order	7 days	Existing
Non-liveability	The day it is given	Existing
Compulsory acquisition	2 months	Existing
Sale contract (periodic agreement)	4 weeks	Existing
Employment termination	1 month	Existing
Ending of accommodation assistance	1 month	Existing
Ending of housing assistance	1 month	Existing
Serious breach (social housing)	7 days	Existing
Mortgagee in possession	2 months	Existing
Death of a sole tenant (parties can agree on an earlier date)	2 weeks	Existing
A fixed term agreement is due to expire	2 months	Existing *Note: Note applicable to COVID-19 impacted tenancies
Owner or their immediate family needs to move in	2 months	*New
The rental property has been sold and vacant possession is required (may occur during fixed term agreement)	2 months	*New
The lessor requires vacant possession in preparing the property to sell (may occur during fixed term agreement)	2 months	*New

*only applicable during COVID-19 emergency period

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).

IMPORTANT: During the COVID-19 emergency period, tenancies impacted by COVID-19 cannot be ended without grounds. To determine what is considered a COVID-19 impacted tenancy, please refer to page 5 of the 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.

To determine what is considered a COVID-19 impacted tenancy, please refer to page 5 of the Residential Tenancies Practice Guide.

With grounds (reasons)	Minimum notice period		Existing or new ground
With grounds (reasons)	Long term tenancy	Short term tenancy	-
Unremedied breach – rent arrears	2 days	n/a	Existing *Note: Not applicable to COVID-19 impacted tenancies
Unremedied breach – general	2 days	n/a	Existing
Non-compliance with tribunal order	7 days	2 days	Existing
Non-compliance (moveable dwelling location)	2 days	2 days	Existing
Non-liveability	The day it is given	The day it is given	Existing
Compulsory acquisition	2 months	2 days	Existing
Sale contract (periodic only)	4 weeks	2 days	Existing
Voluntary park closure	3 months	2 days	Existing
Compulsory park closure	The day it is given	The day it is given	Existing
Employment termination	1 month	2 days	Existing
Ending of accommodation assistance	1month	2 days	Existing
Ending of housing assistance	2 months	2 days	Existing
Mortgagee in possession	2 months	No exemption for moveable dwelling short term	Existing
Death of a sole tenant (parties can agree on an earlier date)	2 weeks	No exemption for moveable dwelling short term	Existing
A fixed term agreement is due to expire	2 months	2 days	Existing *Note: Not applicable to COVID-19 impacted tenancies with long term agreements. Short term agreements can be extended if both parties agree.
Owner or their immediate family needs to move in	2 months	n/a	*New
The rental property has been sold and vacant possession is required (may occur during fixed term agreement)	2 months	n/a	*New
The lessor requires vacant possession in preparing the property to sell (may occur during fixed term agreement)	2 months	n/a	*New

*only applicable during COVID-19 emergency period

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
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 tenant using a Notice to leave - rooming accommodation (Form R12). Minimum notice periods apply.

To determine what is considered a COVID-19 impacted tenancy, please refer to page 5 of the Residential Tenancies Practice Guide.

With grounds (reasons)	Minimum notice period	Existing or new ground
Failure to remedy breach - rent arrears less than 28 days	Immediately	Existing *Note: Not applicable to COVID-19 impacted residences
Failure to remedy breach – rent arrears 28 days or more	4 days
Serious breach	Immediately	Existing
Property destroyed	Immediately	Existing
Compulsory acquisition	2 months	Existing
Employment termination or entitlement to occupy for employment ends	4 weeks	Existing
Mortgagee in possession	30 days	Existing
Death of a sole resident	7 days (parties can agree on an earlier date)	Existing
A fixed term agreement is due to expire	1 month	Existing *Note: Not applicable to COVID-19 impacted residences
The rental property has been sold and vacant possession is required (may occur during fixed term agreement)	1 month	*New
The lessor requires vacant possession in preparing the property to sell (may occur during fixed term agreement)	1 month	*New

*only applicable during COVID-19 emergency period

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).

IMPORTANT: During the COVID-19 emergency period, residencies impacted by COVID-19 cannot be ended without grounds. To determine what is considered a COVID-19 impacted tenancy, please refer to page 5 of the Residential Tenancies Practice Guide. See the ‘with grounds’ table above for approved reasons to end a residency.

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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