How can a tenancy agreement be terminated in Queensland?

A fixed term tenancy terminates on the expiry date set out in the agreement, unless the parties agree to earlier termination. If either party wishes the tenancy to end at the expiration of the term, they must provide the other party with 14 days written notice (the tenant would serve a Notice of Intention to Leave, the landlord would serve a Notice to Leave. If the tenant wishes to stay on at the end of the term and the landlord is willing, and if no new fixed term agreement is signed, the tenancy becomes a periodic tenancy.

A periodic tenancy can be terminated by the tenant sending the landlord a Notice of Intention to Leave 2 weeks before the proposed termination date. If the landlord wishes to end the periodic tenancy, s/he must give the tenant 2 months' written Notice to Leave.

On what grounds can a landlord evict a tenant?

The landlord can give the tenant Notice to Leave for a number of reasons, including failure to pay rent, letting the rent fall into arrears 3 times in 2 years, breach of the lease agreement, causing or permitting serious damage to the premises, causing or permitting objectionable behaviour in the premises. The landlord must give proper notice as prescribed by the Act. If the tenant does not either cure the problem or vacate the premises by the date set out in the notice, the landlord can go to the Small Claims Tribunal to obtain a warrant of possession. The warrant will authorise a police officer or other authorised person to enter the premises and make the tenant leave.

A landlord cannot evict a tenant as retaliation for the tenant enforcing his/her rights.



The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.