Giving Notice - that you intend to leave

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When you rent a place to live in Queensland, if you decide to move out you must follow steps to end the agreement and move out. These steps are described in the Residential Tenancies and Rooming Accommodation Act 2008 (‘the Act’)

Without grounds (no reason) in a periodic agreement –

Applies if you are ending a periodic, or ongoing week-to-week agreement, without reason.

  • two weeks (general tenancies and long tenancy moveable dwelling agreements)
  • seven days (rooming accommodation)

Without grounds (no reason) in a fixed term agreement –

Applies if you are ending a fixed term agreement without reason.This notice is not ineffective if the date you are leaving is before the fixed term ends (see Breaking a fixed term agreement)

  • The later of two weeks or the date the fixed term agreement ends (general tenancies and long tenancy moveable dwelling agreements)
  • The later of seven days or the date the fixed term agreement ends (rooming accommodation)

Unremedied breach by lessor or provider –

Applies if you have issued the lessor or provider with a Notice to Remedy Breach and the breach was not remedied by the due date.

  • seven days (general tenancies and rooming accommodation)
  • two days (long tenancy moveable dwelling agreements)

Lessor non-compliance with a Tribunal order –

Applies if the lessor or provider fails to comply with a Tribunal order.

  • seven days (general tenancies and long tenancy moveable dwelling agreements)

Non-liveability

When the premises have been destroyed or made completely or partially unfit to live in, or a moveable dwelling park becomes an unfit place to live, other than because of a breach of the agreement.

  • The agreement ends on the day the notice is given. Applies to both residential tenancies and rooming accommodation. Your notice must be served within one month of the event that caused non-liveability

Non-liveability

When premises can no longer be lawfully used as a residence. This only applies to residential tenancy agreements.

  • The agreement ends on the day the notice is served. Your notice must be served within one month of the event that caused non-liveability

Compulsory acquisition –

Applies if premises are subject to compulsory acquisition, for example, a government authority resumes the premises.

  • two weeks for general tenancies and long tenancy moveable dwelling agreements. Your notice must be served within one month of the event

Lessor’s intention to sell –

Applies if the premises are advertised for sale or there is an entry to show the premises to a prospective buyer within two months of you signing a tenancy agreement, and you were not notifi ed of the sale prior to signing the agreement.

  • two weeks for general tenancies and long tenancy moveable dwelling agreements. Your notice must be issued within two months and two weeks after the start of the agreement

Ending a short tenancy moveable dwelling agreement

(an agreement in a moveable dwelling park for less than 42 days).

  • one day after the notice is given or
  • Same day if notice is given for non-liveability

 

Information supplied courtesy of the Tenants Union of Queensland Inc

Further information and advice for Queensland tenants can be sourced from www.tuq.org.au