Lessor ends the tenancy

Statewide advice number

1300 744 263

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When you rent a place to live in Queensland, your tenancy agreement is covered by the Residential Tenancies and Rooming Accommodation Act 2008 (‘the Act’). If your lessor, agent or provider wants to end the agreement they must follow the steps described in the Act.

Notice to Leave

To end your agreement the lessor, agent or provider must give you a Notice to Leave, or apply to the Tribunal for a termination order.

A Notice to Leave must be on the correct form and state if it is issued with grounds (for a reason) or without grounds. The written notice must state the date by which you must leave (the handover day) and give you the required amount of notice.

You can be given a Notice to Leave without grounds (without reason) at the end of a fixed term tenancy agreement, or at any time during a periodic agreement.

The lessor, agent or provider can give you a Notice to Leave “with grounds” at any time if you fail to remedy a breach of the agreement. Your breach of the agreement must be serious to justify ending the agreement.

The Notice to Leave “with grounds” must state the grounds (reason) you are being asked to leave. This notice can be issued if you were given a Notice to Remedy Breach and you did not remedy the breach (fix the problem) by the due date.

In some circumstances the lessor, agent, or provider, can apply directly to the Tribunal for an urgent hearing to terminate your tenancy. Sometimes they can do this without first giving you a Notice to Leave, or a Notice to Remedy Breach.

If the lessor, agent or provider applies to the Tribunal to terminate your tenancy the Tribunal will send you a notice of the hearing. It is important to attend this hearing so you can respond to the application.

Notice period

The amount of notice the lessor, agent or provider must give you will depend on the type of agreement you have and the reason you are being asked to leave. Notice periods are listed in the table at the end of this Tenancy Facts.

It’s a good idea to check that you are given the correct amount of notice. To calculate the notice period, do not count the day you receive the notice, but do count the handover day.

For example, if you are given two weeks notice that your agreement will end on a Saturday, you must receive the notice on the Friday two weeks earlier. If the notice is sent by post the notice must include extra time to allow for postal delivery.

A list of reasons for ending tenancies and the notice required is included in this Tenancy Facts.

Mutual agreement

You and your lessor, or provider, can agree to end the tenancy by ‘mutual agreement’ at any time. A mutual termination agreement must be in writing and be signed by all parties. You should keep a copy for your records.

If you have a fixed term agreement, your lessor or provider may seek your agreement to terminate the tenancy before the end of the term. You do not have to agree. If you agree to the request you can request compensation for your loss of the tenancy and your removal or other costs.

A mutual termination agreement should include any agreed terms; such as the handover day or agreed notice, how the bond will be refunded, and any compensation to be paid.

Termination by the Tribunal

The Act sets out circumstances where the lessor, agent or provider can apply directly to the Tribunal for an urgent termination hearing.

If you have a residential tenancy and have been given a Notice to Leave, but fail to leave, the lessor or agent can apply to the Tribunal for a termination order. In some situations, such as repeated breaches, an application can be made without giving you a Notice to Leave.

If the Tribunal has a hearing and makes an order to terminate your tenancy, they will also issue a Warrant of Possession. The Warrant authorises the police to remove you from the premises.

If the lessor, agent or provider applies for a termination hearing the Tribunal will send you a notice of the hearing and a copy of the application.

If you receive notice of a Tribunal hearing it is important to attend so you can put forward your side of the story, especially if you need more time to move out, or you dispute the Notice to Leave or the reason the lessor or agent is ending your agreement.

If you need information or advice about going to the Tribunal contact a tenant advice service.

Checklist

To end the tenancy, the lessor, agent or provider must:
  • Give you a written Notice to Leave or apply to the Tribunal for a termination order.
  • A Notice to Leave must give you the correct amount of notice.
  • After you complete your Exit Condition Report and you give the the lessor or agent a copy they must inspect the premises and complete and return a copy to you within three days (not required in rooming accommodation).
  • Arrange to collect the key from you and carry out the final inspection.
When moving out you need to:
  • Pay the rent up to and including the handover day on the notice.
  • Leave the premises clean and in the same condition as when you moved in (except for fair wear and tear).
  • Repair any damage that you or your visitors have caused (you are not responsible for routine repairs and maintenance).
  • Remove your belongings from the premises, on or before the last day on the notice.
  • Obtain and fill in an Exit Condition Report and give the lessor or agent a copy. Keep a copy for your records. This does not apply in rooming accommodation but is good to do if you paid a bond.
  • Gather evidence of the condition of the premises when you leave, such as a copy of your Exit Condition Report, photos and receipts for cleaning or repairs you have done.
  • If possible arrange to carry out a joint final inspection of the premises, with the lessor, agent or provider.
  • Return the keys on the day you move out, or as soon as possible after you move out.
  • Use a Refund of Rental Bond form to apply to the RTA for your bond refund.

If you dispute the notice

You can dispute a Notice to Leave if you are not given the correct amount of notice, or if you are given a Notice to Leave and you don’t agree with the grounds (the reason) stated on the notice.

You cannot dispute a Notice to Leave issued without grounds, except where you believe the Notice to Leave was issued for retaliatory reasons (see Retaliatory eviction in this fact sheet).

You should also contact the lessor, agent or provider to let them know you do not agree with the notice. It is good to do this in writing.

Negotiate a solution

If you can’t reach an agreement you can use a Dispute Resolution Request form 16 to apply to the RTA free Dispute Resolution Service. The RTA conciliator will negotiate between you and the lessor, agent or provider, and try to help you resolve the dispute.

If the RTA is unable to help you resolve the dispute, they will send you a Notice of Unresolved Dispute (NURD). You can then apply to the Tribunal for a hearing where you can dispute the notice and seek a final decision about the matter.

If the Tribunal is satisfied the lessor, agent or provider, was not entitled to give you the Notice to Leave, it can make an order to set aside the Notice.

If the Tribunal decides the matter after you move out and the agreement is terminated, it can make an order that the lessor, agent, or provider, pay you an amount as compensation for any loss or expense you incurred when having to leave the premises.

What the Tribunal will consider

If you get a Notice to Leave and fail to leave, or stay because you dispute the notice, the lessor or agent may apply to the Tribunal because you have failed to leave as requested on a Notice to Leave. At the Tribunal hearing the lessor or agent can request a termination order and a Warrant of Possession to remove you from the premises.

You will be notified if there is a Tribunal hearing. It is advisable to attend the hearing so you can present your evidence. The Tribunal will consider if the notice is valid and the applicant has followed the required process. The Tribunal will also consider if the alleged breach justifies ending your tenancy.

The Tribunal can set aside the Notice to Leave if the notice is not valid, or if the Tribunal believes the breach does not justify ending your tenancy.

In deciding if a breach justifies terminating the agreement, the Tribunal may consider:
  • the seriousness of the breach; and
  • any steps taken by the tenant to remedy the breach; and
  • whether the breach was recurrent and how often it occurred;
  • the detriment to the lessor, or likely to be caused to the lessor;
  • whether the lessor has acted reasonably about the breach;
  • any other issues the Tribunal considers appropriate.

Retaliatory eviction

A lessor, agent or provider cannot give you a Notice to Leave without grounds, in retaliation for something that you have done to pursue your rights.

Pursuing your rights includes:
  • Applying to the Tribunal or planning to apply to the Tribunal.
  • Making a complaint to a government body about something the lessor, agent or provider has done, or not done, which has affected you.
  • Taking some other action to enforce your rights.
  • Having a Tribunal order in force in relation to the agreement.

If you are given a Notice to Leave without grounds and you believe the notice was given in retaliation for you pursuing your rights, you can apply to the Tribunal for an urgent hearing to dispute the notice. You are not required to first apply to the RTA Dispute Resolution Service before you apply to the Tribunal.

Time limits apply to lodge your application with the Tribunal. In general tenancies, if you dispute a Notice to Leave because you believe it is retaliatory, you must apply to the Tribunal within four weeks of receiving the Notice to Leave. In rooming accommodation, you must apply to the Tribunal within two weeks.

If you breach the agreement

If you breach the tenancy agreement, the lessor, agent or provider can give you a Notice to Remedy Breach. The notice will describe the problem and ask you to fix it by a specific date.

The Notice to Remedy Breach form must give you the correct amount of time to fix the problem. Time periods are summarised in the table below.

If you fail to remedy the breach by the date on the notice, the lessor, agent or provider can give you a Notice to Leave  “with grounds” for unremedied breach of the agreement.

Reason for the breachTime you must be given to fix the problem
Unpaid rentGeneral tenancies if your rent is seven (7) days late: 7 days
Long tenancy moveable dwellings if your rent is seven (7) days late: 5 days
Short tenancy moveable dwellings, as soon as your rent is late: no notice period required
Rooming accommodation:
if you have lived there 28 days or more and your rent is two (2) days late: 4 days
if you have lived there for 27 days or less, as soon as your rent is late: 2 days
Other breach
of the agreement
General tenancies: 7 days
Moveable dwellings long tenancy agreement: 7 days
Moveable dwellings short tenancy agreement: No notice required
Rooming accommodation: 5 days

If you dispute the breach notice

If you are given a Notice to Remedy Breach and you don’t agree with the notice, you can apply to the RTA Dispute Resolution Service for help to resolve the dispute.

You can also write or talk to the lessor, agent or provider, to let them know you dispute the notice and do not agree that you are in breach of your agreement.

If the RTA is unable to help you, reach an agreement to resolve the dispute, they will issue a Notice of Unresolved Dispute. You can then apply to the Tribunal for a decision about the matter.

Withdrawing a Notice to Leave

In residential tenancies, if you fail to comply with a Notice to Remedy Breach you can be given a Notice to Leave. If you then remedy the breach, the lessor or agent can agree to withdraw the Notice to Leave and let you continue the tenancy.

If the lessor or agent agrees to withdraw the Notice to Leave, they must do so in writing, before the handover day. You can request written confirmation you can stay and continue the tenancy.

If the notice is withdrawn, your tenancy will continue as if the notice had not been given.

A Notice to Leave can only be withdrawn if you agree.

Breaking a fixed term agreement

When you sign a fixed term agreement, you agree to rent the place for an agreed minimum period. In most cases, the lessor, agent or provider can only ask you to leave during a fixed term agreement if you seriously breach the agreement. Your lessor, agent or provider must follow the correct process to end the agreement.

If you are given a Notice to Leave for an unremedied breach, and have to move out before the end of a fixed term agreement, the lessor, agent or provider can seek financial compensation from you for your breach of the contract.

They can claim reasonable compensation for costs to advertise and re-let the premises and any lost rent income. They can claim these costs from the rental bond or seek additional compensation if the bond is not enough to cover these costs.

Serious breach in rooming accommodation

In rooming accommodation, if you breach the agreement in a serious way you can be asked to leave immediately.

A serious breach means that:
  • You used your room or the common areas for illegal purposes
    You (or your guest/s) intentionally or recklessly:
  • caused damage to the premises,
  • endangered another person in the premises, or
  • significantly interfered with the reasonable peace, comfort or privacy of another resident.

The provider must give you a written Notice to Leave, stating the reason you are being asked to leave. A Notice to Leave for serious breach can ask you to leave the premises immediately.

If you fail to leave

If you receive a Notice to Leave for a reason allowed under the Act, and the notice gives you the correct amount of notice, you should leave on or before the handover day. If you do not leave, the lessor, agent or provider can take steps to have you removed from the premises.

If you disagree with the notice you should contact the lessor, agent or provider to dispute the notice. If you receive notice of a Tribunal hearing you should attend the hearing.

Residential tenancies

In residential tenancies, if you do not move out by the handover day on a Notice to Leave, the lessor or agent can apply to the Tribunal for a termination order and a Warrant of Possession to remove you from the premises. They must apply to the Tribunal within two weeks of the handover day. This is an urgent application so the matter may be listed for a hearing within a week or two.

Self eviction is unlawful

In residential tenancies, it is unlawful for a lessor or agent to enter and remove you from the premises themselves. This is called ‘self-eviction’ and is an offence. If this happens, you can report the offence to the RTA and the lessor or agent could be  prosecuted and fined. However, this does not apply in rooming accommodation.

Rooming accommodation

In rooming accommodation the provider does not need a Tribunal order to remove you from the premises. If you are given a Notice to Leave and do not leave the provider can call the police and, with the police present, can remove you from the premises.

Warrant of Possession

If the Tribunal makes a termination order it will also issue a Warrant of Possession. A Warrant of Possession authorises the police to remove you from the premises. The Warrant is sent to the local police and must come into effect within three days of being issued.

A Warrant is effective for 14 days and can be enforced at any time during this 14 day period (unless the Tribunal orders that the Warrant be effective for a longer period).

If a Warrant is issued the police will contact you and tell you when they will come to the premises to enforce the Warrant.

When enforcing the Warrant, the police role is to ensure that everyone leaves the premises peacefully. The lessor or their agent will also attend to collect the keys and change the locks.

If a Tribunal issues a Warrant of Possession it is important to remove your goods from the premises and return the keys before the Warrant is enforced and the locks are changed.

Tribunal terminations

The lessor or provider can apply to the Tribunal for an urgent hearing to terminate a tenancy on the following grounds:

Failure to leave or failure to leave as intended:

In residential tenancies the lessor or agent can apply to the Tribunal for a termination order if you fail to leave by the due date (the handover day) on a Notice to Leave, or Notice of Intention to Leave.

In residential tenancies if the lessor or agent wants to enforce the notice they must lodge their application with the Tribunal within two weeks of the handover day. This does not apply in rooming accommodation.

Repeated breach of the agreement:

If you breach the agreement in a similar way three times within a 12 month period, and you receive a Notice to Remedy Breach on the first two occasions and remedy each breach, your lessor, agent or provider can apply directly to the Tribunal to terminate your agreement for repeated breach, if you breach the agreement in a similar way on a third occasion within the 12 month period.

The breaches must be similar and relate to particular provisions of the Act. In making a decision, the Tribunal will consider the seriousness of the breach, the period in which the breaches were committed, the period of the tenancy and, for fixed term agreements, how much time is left on the agreement.

Excessive hardship:

If the lessor or provider believes they would suffer excessive hardship if the tenancy was not terminated, they can apply to the Tribunal to terminate the agreement. For example, a lessor may have a change in personal circumstances and need to move back into the premises. If you have a fixed term agreement and the Tribunal makes an order to terminate the tenancy, you can request compensation for your loss of the tenancy and your relocation costs.

Objectionable behaviour:

The lessor may apply to the Tribunal for a termination order due to the alleged objectionable behaviour of the tenant. This applies if the tenant has harassed, intimidated or verbally abused the lessor, lessor’s agent, or a person occupying or allowed on nearby premises. It also applies if the tenant has caused a serious nuisance to persons occupying premises nearby.

Damage or injury:

If the lessor or agent believes that you have intentionally or recklessly caused, or are likely to cause, serious damage to the premises, or injury to the lessor or agent or another person entering the premises, they can apply to the Tribunal for a termination of the agreement. They can also apply to the Tribunal for an order to restrain you from causing any further damage or injury. This does not apply to rooming accommodation.

Incompatibility (short tenancy):

For a short tenancy agreement in a moveable dwelling park, the lessor or agent can apply directly to the Tribunal for a termination order because you and the lessor are incompatible.

Death of sole tenant or resident

If a sole tenant or sole resident dies, and no other action is taken to end the agreement, a residential tenancy agreement ends one month after the death of the sole tenant. In rooming accommodation, the agreement ends two weeks after the death of the sole resident.

If the lessor, agent or provider or a representative of the former tenant or resident gives notice to the other party ending the agreement because of the death of the tenant or resident, the agreement will end two weeks after the notice was given in general tenancies, or seven days in rooming accommodation. Alternatively, the parties can agree to end the agreement at an earlier date, or the lessor, agent or provider can apply to the Tribunal for an order to terminate the agreement.

If you abandon the premises

If the lessor, agent or provider believes that you have abandoned the premises, they can take steps to terminate your agreement.

In rooming accommodation, if you abandon your room and the period for which you have paid rent has ended, your tenancy agreement automatically ends.

In residential tenancies, if the lessor or agent reasonably believes that the premises have been abandoned, they can either deliver a 7 day Abandonment Termination Notice to the premises, or can apply directly to the Tribunal for an order about abandonment.

Evidence the premises are abandoned includes;
  • failure to pay rent,
  • uncollected mail,
  • disconnection of services,
  • absence from the premises of household goods,
  • failure to respond to Entry Notices
  • and reports from neighbours that the premises are abandoned.

Responding to an abandonment notice

If the lessor or agent issues you with an Abandonment Termination Notice you have seven days to respond. If you do not dispute the notice within the seven day period, the premises are taken to be abandoned. The lessor or agent can then apply to the Tribunal for an order to claim the bond and seek additional compensation.

If you receive an Abandonment Termination Notice, and have not abandoned the premises, you can apply to the Tribunal to dispute the notice. You must lodge your application within 28 days after the notice was given.

If you apply to the Tribunal within seven days of the notice being issued, the Tribunal can order that the notice be set aside and you continue with the tenancy. If the application is heard more than seven days after the notice is issued, the Tribunal can make any order it considers is appropriate.

Tribunal abandonment order

Instead of issuing an Abandonment Termination Notice the lessor or agent can apply directly to the Tribunal for an abandonment order. The Tribunal can make an order declaring the premises were abandoned on a certain date. If the Tribunal makes an abandonment order, the lessor or agent can also request an order for compensation.

If you wish to dispute an abandonment order you have 28 days from the date of the original decision to apply to the Tribunal for a review of this decision. If your application is successful, you can seek compensation for any costs you incurred as a result of the termination of your tenancy.

If you abandon the premises, the lessor can apply to the Tribunal for compensation for their financial loss. If your tenancy is terminated due to abandonment and the amount that you owe is greater than the bond, this is grounds for the lessor to list your details on a tenancy database.

If you leave goods behind

If you leave goods behind at the premises after the agreement has ended, the lessor or provider must store your goods for at least:

  • One month in general tenancies
  • 28 days for rooming accommodation
  • Three months if the premises is a caravan.

This only applies if the goods are worth more than $1,500 for general tenancies or $150 for rooming accommodation.

Your lessor or provider does not have to store goods if doing so would be unhealthy or unsafe. Providers do not have to store perishable goods.

In residential tenancies, lessor or agents do not have to store goods if the cost of removal and storage is more than the proceeds of sale of the goods.

Requesting the return of your goods

When you move out, if you leave things behind, take photos or keep a list of your goods and contact the lessor or provider as soon as possible to request the return of your goods and make arrangements to collect them.

If you request the return of your goods, the lessor, agent or provider must return them to you. In residential tenancies, your request should be in writing. It is also useful to have a list of the goods and attach a copy to your request.

It is an offence if the lessor or provider does not return your goods to you. These offences can be reported to the RTA, and the lessor, agent or provider could be fined.

The lessor, agent or provider cannot withhold your goods until any unpaid rent or damages are paid, but can ask you to pay reasonable removal and storage costs before returning your goods.

Disputes about goods left behind

If you have a dispute over the return of your goods you can use a Dispute Resolution Request form to apply to the RTA Dispute Resolution Service for assistance to resolve the dispute.

When seeking to resolve a dispute it is helpful to have a list of the things you have left behind and photos as evidence, along with a copy of a letter you have sent to the lessor, agent or provider, seeking the return of your goods.

Applying to the Tribunal

If you are not satisfied with the way your former lessor or provider has dealt with goods you left behind, you can apply to the Tribunal for a hearing and seek an order for the return of your goods. If goods are not returned to you or have been damaged, you can request compensation.

In residential tenancies, you can apply directly to the Tribunal for an urgent hearing about your goods. In rooming accommodation, you must first apply to the RTA Dispute Resolution Service and can then apply to the Tribunal if the RTA cannot help you resolve the dispute.

You should take action within six months of knowing about the breach.

If you do not reclaim the goods

If you do not reclaim your goods within the storage period the Act sets out guidelines that your lessor, agent or provider must follow to dispose of your goods.

If you leave personal documents or money on the premises, the lessor or provider must return them to you if they are able to contact you. Otherwise, they must give them to the Public Trustee. Time limits apply.

If a mortgagee takes possession

If a mortgagee, such as a bank or financial institution, is entitled to take possession of the premises they can give you written notice to end the tenancy. This may happen if the premises are subject to a mortgage, the owner breaches the mortgage obligations, and the mortgagee did not give the owner prior consent for your tenancy.

The mortgagee must give you a Notice to Vacate from Mortgagee to Tenant (or Mortgagee to Resident) form. In residential tenancies, you must be given at least two months notice. In rooming accommodation, you must be given at least 30 days notice. You can be given this notice whether you have a periodic agreement or a fixed term agreement.

If you receive a Notice to Vacate from Mortgagee to Tenant/Resident you can move out on, or before, the handover day on the notice. If you get this notice and move out you are not liable to your former lessor or provider for any loss or expense they incur because you’ve moved out. You should advise the mortgagee of the date you intend to vacate and make arrangements to return the keys.

In some situations, a mortgagee may give you written notice to pay rent directly to them, instead of to the lessor, agent or provider. If you pay rent to the mortgagee, you are not liable to your lessor, agent or provider for any loss or expense they incur as a result.

Paying rent to the mortgagee does not indicate they consent to your tenancy. If you want to remain in the premises you could approach the mortgagee and see if they will enter into a tenancy agreement with you. They do not have to agree to this.

When you receive Notice to Vacate from a mortgagee you can contact the RTA to seek a refund of your bond. You will need to send the RTA a Refund of Rental Bond form and copies of the Notice to Vacate and correspondence from the mortgagee. If you have a fixed term agreement and have to move out you can also seek compensation from your former lessor or provider.

Mortgagee in possession situations can be complex and you may wish to seek assistance from a tenant advice service.

Moving out tips

When you move out it is important to take all your goods with you and leave the place clean, in a similar condition to the start of the tenancy, reasonable fair wear and tear excepted. You should also promptly return the keys.

When you leave you must get an Exit Condition Report and use it to record details of the condition of the premises when you leave. Complete the form and give a copy to the lessor or agent to fill in. Remember to keep a copy for your own records.

Exit Condition Reports are not required in rooming accommodation but, as in residential tenancies, they can provide useful evidence to show you left the property clean and did not damage the premises.

In residential tenancies, the tenant must complete and sign an Exit Condition Report and provide a copy to the lessor or agent when you move out and return the keys. The lessor or agent has three business days to conduct the exit inspection and complete the  Exit Condition Report and return a signed copy to you at your forwarding address on the form.

If possible, arrange to conduct a joint exit inspection with the lessor, agent or provider. If the final inspection shows that something needs to be done you should be given a reasonable opportunity to carry out the work.

If you have a dispute over the refund of your bond when you move out your copy of the Exit Condition Report, along with photos of the premises and receipts for gardening, cleaning or repairs that you have carried out, can provide you with important evidence to show that you have met your obligations.

You can get RTA forms, including the Exit Condition Report form and the Refund of Rental Bond form from the RTA website at www.rta.qld.gov.au or call the RTA or a tenant advice service.

Bond refunds

When your tenancy ends you can use a Refund of Rental Bond form (RTA form 4) to apply to the RTA for a refund of your bond. How the RTA deals with your bond refund will depend on whether or not all parties agree on the bond refund and sign the form. Never sign a blank Refund of Rental Bond form; this is like signing a blank cheque.

If all parties cannot agree you can lodge your own form with the RTA as soon as the tenancy ends. The RTA will act on the first bond refund form they receive. They RTA will then notify the other parties who then have an opportunity to dispute the bond refund.

For more information, see the Rental Bond Tenancy Facts.

Termination table

Reason you can be given a Notice to LeaveRequired notice period on a Notice to Leave
Without grounds (no reason) in a periodic agreement.Two (2) months (general residential tenancies and long tenancy MD*). Thirty (30) days (rooming accommodation).
Without grounds (no reason) in a fixed term agreement.Two (2) months or the end of the agreement, whichever is later
(general residential tenancies and long tenancy MD*).
Fourteen (14) days or the end of the agreement, whichever is later
(rooming accommodation).
With ground - Unremedied rent arrears breach – you can be given a Notice to Leave if you do not pay rent owing by the due date on
a Notice to Remedy Breach form.
Seven (7) days (general residential tenancies).
Two (2) days (long tenancy moveable dwellings).
No notice (if you have lived in rooming accommodation
for 27 days or less).
Four (4) days (if you have lived in rooming accommodation
for 28 days or more).
With ground - Other unremedied breach – you can be given a Notice to Leave if you do not remedy a breach (except rent arrears) by the due date on a Notice to Remedy Breach.Fourteen (14) days (general residential tenancies).
Two (2) days (long tenancy moveable dwellings).
Two (2) days (rooming accommodation).
Non-compliance with a Tribunal order – can apply in residential tenancy agreements if you do not comply with a Tribunal order.Seven (7) days (general residential tenancies and long tenancy MD).
Non-compliance with a Tribunal order to relocate in a moveable dwelling park.Two (2) days.
Non-liveability – if the rental premises or a moveable dwelling park or facilities can no longer be lawfully used as a residence,
or is destroyed or made completely or partially unfit to live in, other than by a breach of the agreement.
Same day (general residential tenancies and moveable dwelling tenancies) or immediate notice (rooming accommodation).
This notice must be issued within one (1) month of the event
which led to the premises becoming non-liveable.
Compulsory acquisition – if the premises are appropriated
or have been compulsorily acquired by an authority.
Two (2) months.
Voluntary closure of moveable dwelling park by the park operatorThree (3) months (long tenancy moveable dwelling).
Compulsory park closure.Same day
Sale contract – only applies to a periodic agreement if the lessor
enters a contract to sell the premises
Four (4) weeks (general residential tenancies and long tenancy MD).
End of entitlement under employment – if you occupy the premises under terms of employment and your employment ends, or your entitlement to occupy the premises under your employment ends.Four (4) weeks (general residential tenancies and long tenancy MD).
One (1) month (rooming accommodation).
End of your entitlement to supported accommodationFour (4) weeks (general residential tenancies and long tenancy MD)
End of your entitlement under an affordable housing scheme.Two (2) months (general residential tenancies and long tenancy MD).
Mortgagee in possession – See the heading Mortgagee in possession for more information. A mortgagee in possession
can terminate periodic or fixed term agreements.
Two (2) months Notice to Vacate from mortgagee to tenants
(general residential tenancies and moveable dwellings).
Thirty (30) days Notice to Vacate from mortgagee to residents
(rooming accommodation).
Serious breach – only applies in rooming accommodationSame day (rooming accommodation).
Death of sole tenant or resident.Two (2) weeks (residential tenancies) or one (1) week (rooming accommodation). If no notice is issued one (1) month (residential tenancies) or two (2) weeks (rooming accommodation).
or the day ordered by a Tribunal or on the day agreed between representatives of the parties.
Ending a short tenancy moveable dwelling agreement (an agreement in a moveable dwelling park for 42 days or less)Two (2) days, or same day for non-liveability or compulsory closure
of moveable dwelling park