If you dispute the Notice to Leave

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You can dispute a Notice to Leave if you are not give 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). Before disputing a Notice to Leave contact the lessor, agent or provider to let them know you do not agree with the notice.

Try to Negotiate a Solution.

If you can’t agree on a solution, you can use a Dispute Resolution Request form 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 reach an agreement. If the RTA is unable to help you resolve the dispute, they will issue a Notice of Unresolved Dispute.

You can then apply to the Tribunal for a decision about the matter. If the Tribunal is satisfied that 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 to Leave.

If the Tribunal decides the matter after 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 having to leave the premises.

 

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