If your rent is late

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If you fail to pay rent, it is a breach of your tenancy agreement. If your rent is late the Act sets out a process that the lessor, agent or provider must use to solve the problem.

  • General tenancies – If your rent is seven days late, the lessor or agent can give you a Notice to Remedy Breach for rent arrears. The notice must give you at least seven days to bring the rent payments up to date. If you fail to pay the rent by the date shown on the notice, your lessor or agent can give you a Notice to Leave, giving you seven days notice to move out.
  • Moveable dwellings – long tenancy agreements: If your rent is seven days late, the lessor can give you a Notice to Remedy Breach for rent arrears. The notice must give you at least fi ve days to bring the rent payments up to date. If you fail to pay the rent by the date shown on the notice, the lessor can give you a Notice to Leave, giving you two days notice to move out.
  • Moveable dwellings – short tenancy agreements: If you fail to pay the rent on the due day, the lessor does not have to give you a Notice to Remedy Breach, but can immediately give you a Notice to Leave, giving you two days notice to move out.
  • Rooming accommodation – if you have lived there more than 28 days: If your rent is two days late, the provider can give you a Notice to Remedy Breach for rent arrears. You must be given four days to fix the problem by bringing the rent payments up to date, If you fail to pay the rent by the due date shown on the notice, you can be given a Notice to Leave, giving you four days notice to move out.
  • Rooming accommodation – if you have lived there less than 28 days: If you do not pay rent on the day it is due, the provider can give you a Notice to Remedy Breach giving you two days to bring the rent up to date. If you fail to pay the rent by the due date shown on the notice, you can be given an immediate Notice to Leave.

If you know you will have difficulties paying the rent talk to your lessor, agent or provider. See if you can make an agreement to catch up with the rent. If you reach an agreement, put it in writing.

 

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