Queensland tenants have rights under the Residential Tenancies Act (1994). The Act contains requirements that your lessor must meet if they want to end your agreement. The steps the lessor must follow will depend on their reason for ending your tenancy and the type of agreement that you have.

In most cases if the lessor or agent wants to end your tenancy they must give you a Notice to Leave or else obtain an urgent termination order from the Small Claims Tribunal.

In Queensland lessors can issue tenants with a Notice to Leave without grounds (without reasons). To terminate your tenancy without grounds the lessor must give you at least 2 months Notice to Leave if you have a periodic tenancy. If the premises are sold and you have a periodic tenancy the lessor can give you 4 weeks Notice to Leave.

If you are coming to the end of a fixed term agreement the lessor can give you 2 weeks Notice to Leave without grounds (reasons) but this notice cannot ask you to leave before the end of the fixed term.

If you seriously breach a fixed term agreement and fail to remedy a Notice the Remedy Breach the lessor can then give you a Notice to Leave. If the lessor terminates your tenancy during the fixed term, because of your breach of the agreement, the lessor can still seek compensation from you for breaking the agreement before the end of the fixed term.

If you receive a Notice to Leave it is a good idea to find out about your rights before you move out. This is especially so if you dispute the reason your lessor is asking you to leave, or if think your lessor has not met all the legal requirements to end your tenancy.

In certain circumstances your lessor or agent can also apply to the Small Claims Tribunal for a Termination Order and a Warrant of Possession (and order giving them the right to have police remove you from the premises). For example a tenancy can be terminated due to objectionable behaviour by the tenant, because of damage or injury by the tenant or because of excessive hardship suffered by the lessor.

In Queensland self eviction by the lessor or agent is unlawful. If you have received a Notice to Leave and fail to move out the lessor must apply to the Small Claims Tribunal for a termination order and Warrant of Possession.

If you are notified about a Tribunal hearing it is important to attend the hearing, especially if you have evidence to dispute the reason the lessor is ending the tenancy, or can demonstrate a willingness to remedy an outstanding breach. If you attend the hearing the Referee will look at your evidence and may decide to allow the tenancy to continue.

For more information about termination of your tenancy by the lessor see the Fast Facts on Tenancy below

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