Eviction notice · Queensland
I've been told to leave
No more "without grounds" notices since October 2022.
01No more "without grounds" notices to leave
s 291Since 1 October 2022, a landlord can't end a tenancy without a reason. They need an approved ground. One ground is the end of a fixed-term agreement, which needs at least 2 months' notice. It can't be used to retaliate against you for enforcing your rights.
You might have been told: "You're on a periodic lease, so we can end it whenever we like." A landlord needs an approved ground.
Next step: Read the notice: it must be on the approved form (Notice to leave, Form 12), state the ground, and give at least the required notice period.
Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 291; without-grounds notices removed from 1 October 2022
02Most no-fault grounds need 2 months' notice
sch 1The end of a fixed term, a sale with vacant possession, the owner or a relative moving in, significant repairs or renovations, demolition, and a change of use all need at least 2 months' notice. Owner occupation and renovations can't end a fixed term early.
You might have been told: "We're selling, you've got two weeks." A sale needs at least 2 months' notice.
Next step: Check the ground on the notice against the notice period. If it's too short, get advice from Tenants Queensland.
Residential Tenancies and Rooming Accommodation Act 2008 (Qld) sch 1 (notice periods), as published by the RTA
03Retaliatory notices and rent rises can be challenged
s 246AIf the landlord gives you a notice to leave, a breach notice or a rent increase because you enforced your rights, for example by asking for repairs or going to the RTA, that's retaliatory action. You can apply urgently to QCAT.
You might have been told: "Complain and you'll be out." Action taken to punish you for asserting your rights can be challenged.
Next step: Write down the timeline: when you asked for repairs or complained, and when the notice came. Then get advice from Tenants Queensland quickly.
Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 246A
The letter writer and free tools cover NSW for now. For help with your situation, ask above or contact Tenants Queensland at tenantsqld.org.au.
