Notice of intention to leave (Form 13)
v25 24Jan25
The Notice of intention to leave (Form 13) is used when the tenant/s are giving notice to the lessor/agent that they wish to vacate the premises by a certain date.
The Notice of intention to leave (Form 13) is used when the tenant/s are giving notice to the lessor/agent that they wish to vacate the premises by a certain date.
Changes to Queensland rental laws came into effect from 6 June 2024. Further changes began on 30 September 2024. Learn more.
A tenancy agreement is a legally binding contract that can only be ended in certain ways. Notice to end a tenancy must be in writing.
A tenant gives the Notice of intention to leave to the property manager/owner when they want to vacate the property by a certain date.
The tenant should use this form:
- to end a periodic agreement
- at the end of a fixed term agreement
- if they have grounds to end a fixed term agreement early or if they are breaking the lease
If the tenant is giving this notice because of an unremedied breach by the property manager/owner it does not guarantee that they will be released from the tenancy agreement early.
The tenant can also apply for dispute resolution assistance for non-urgent matters or apply directly to QCAT for urgent matters before giving a Notice of intention to leave.
Tenants who believe they can no longer safely occupy the premises due to experiencing domestic and family violence can end their interest in a tenancy quickly and safely by completing a Notice ending tenancy interest (domestic and family violence) (Form 20) and provide it to the property owner/manager with relevant evidence.
When serving notices by post, the sender must allow time for the mail to arrive when working out notice periods.
Minimum notice periods
Note: When you calculate dates for notices, where the notice period is in days, weeks or months, you must not count the day the notice is given. If the time period allowed under the legislation for a party to do anything ends on a weekend or public holiday, then the end of the time period will be on the next business day.
Grounds (reasons) | General tenancy | Moveable dwelling Long term | Moveable dwelling Short term |
---|---|---|---|
Note: Please complete a Notice ending tenancy interest (domestic and family violence) (Form 20) and provide it to the property manager/owner with relevant evidence | 7 days, but can leave immediately | 7 days, but can leave immediately | 7 days, but can leave immediately |
Without grounds (parties can agree on an earlier date in writing) | 14 days Fixed term - the later of 14 days or the day the agreement ends | 14 days Fixed term - the later of 14 days or the day the agreement ends | 1 day |
Unremedied breach | 7 days | 2 days | 1 day |
Non-compliance with tribunal order | 7 days | 7 days | 1 day |
Failure to comply with repair order | 14 days | 14 days | The day it is given |
Non-liveability | The day it is given | The day it is given | The day it is given |
Compulsory acquisition | 14 days | 14 days | 1 day |
Property owner is intending to sell | 14 days^ | 14 days | 1 day |
Condition of premises | 14 days | 14 days | n/a |
Death of sole tenant | 14 days | 14 days | n/a |
Death of co-tenant | 14 days | 7days | n/a |
Ending of entitlement to student accommodation | 1 month | n/a | n/a |
^If tenants are not notified of intention of sale within 2 months of starting the agreement.
Grounds for which this notice may not be used
Without ground | General tenancy | Moveable dwelling Long term | Moveable dwelling Short term |
---|---|---|---|
Excessive hardship | By QCAT order | By QCAT order | By QCAT order |
Damage | By QCAT order | By QCAT order | By QCAT order |
Injury | By QCAT order | By QCAT order | By QCAT order |
Objectional behavior | By QCAT order | By QCAT order | By QCAT order |
Incompatibility | By QCAT order | By QCAT order | By QCAT order |
Repeated breaches by property manager/owner | By QCAT order | By QCAT order | By QCAT order |
Mispreresentation | By QCAT order | By QCAT order | By QCAT order |