A notice to leave

What this usually means

A notice to leave (Form 12) is a letter from your landlord or their agent. It asks you to hand the property back on a set day, called the handover day.

The notice must be on the official form. It must say which reason the landlord is relying on and give details of that reason. A notice with no reason, or a vague one, may not be valid.

A landlord can no longer end an ongoing (periodic) tenancy just because they want to. They need one of the reasons the law lists. Common ones are:

• the fixed term has ended (the notice can be given up to the day before it ends)
• you have not paid rent or have broken the agreement and not fixed it in time
• the property is being sold
• the owner or a relative needs to live there
• major repairs or renovations, demolition or a change of use

Other, less common reasons exist too. The notice period depends on the reason. For a house or unit, the RTA lists these minimums:

• 7 days for unpaid rent that has not been fixed
• 14 days for another breach that has not been fixed
• 2 months for the end of a fixed term, a sale, the owner moving in, major repairs or renovations, demolition and a change of use

A notice does not end your tenancy on its own. If you stay past the handover day, the landlord must apply to QCAT, the tribunal that decides these disputes. They usually have 2 weeks after the handover day to do that. Only a QCAT order can lead to a warrant for you to leave, and police carry that out.

Once a notice is in place, the agent or owner cannot enter more than twice in any 7 days.

What you can do now

1. Check the date on the notice and the date you received it. Work out whether the notice period fits the reason. If it arrived by post, the landlord should allow extra time for the mail.
2. Read the reason and the details. Ask yourself whether they are true. Keep your own records, such as rent receipts, messages and photos.
3. Keep paying rent on time. If rent stops, the landlord may have another reason to end the tenancy.
4. Think about whether the notice followed something you did. If it came soon after you asked for repairs, complained to the RTA or applied to QCAT, it may be retaliation. A notice for that reason is not allowed.
5. Call Tenants Queensland on 1300 744 263 before you reply. They can look at the form with you.
6. If you disagree with the reason, put it in writing to the agent. You can also ask the RTA for free dispute resolution. The RTA is neutral and does not decide who is right.
7. If you plan to leave, keep the handover day in mind. Start looking for somewhere new early, and ask the agent in writing about the bond (see "Getting my bond back").

Time limits

• The landlord must give at least the minimum notice for the reason they chose.
• If you think the notice is retaliation, you must apply to QCAT within 1 month of finding out about it. This is an urgent application.
• We could not find a fixed time limit for disputing the reason in a notice. Do not wait. Ask Tenants Queensland or the RTA how soon you should act in your situation.
• If you stay past the handover day, the landlord generally has 2 weeks to apply to QCAT.

If it goes further

For most disagreements about the reason, the RTA offers free conciliation first. A conciliator talks to both sides and helps them reach an agreement. If that does not work, the RTA issues a Notice of unresolved dispute and you can apply to QCAT using Form 2.

QCAT can decide that the landlord was not entitled to give the notice on the reason stated. If you have already left because of it, QCAT can order the landlord to pay compensation for loss or expense you had in moving. It can also set aside a retaliatory notice.

QCAT will not predict how a case will turn out. Registry staff can explain how the process works but cannot give legal advice.

Questions to ask whoever helps you

• Does the reason on my notice match what the law allows, and are the details specific enough?
• Is the notice period correct for this reason?
• Could this be retaliation, and how soon do I need to apply?
• Do I need to ask the RTA for dispute resolution first, or can I go straight to QCAT?
• What happens to my bond if I leave on the handover day?