There are any number of reasons why a tenant might want to vacate a rental property. There are equally as many reasons why a landlord may want a tenant to vatcate a rental property. In either of these situations it is of the upmost importance that the correct procedures are followed and the relevant notice given.
The following is taken from the Residential Tenancies Authority website which can be viewed here.
When a tenant gives notice of their intention to leave
The minimum notice period a tenant needs to give the landlord or Property Manager if they want to move out when giving a notice of intention to leave (form 13) is:
- seven (7) days for an unremedied breach
- seven (7) days for non-compliance with a Queensland Civil and Administrative Tribunal (QCAT) order
- the same day for non-livability
- 14 days for compulsory acquisition
- 14 days without grounds (no reason) under a periodic agreement
- 14 days or the end of the term (whichever is later) without grounds under a fixed term agreement.
If the tenant doesn’t give the correct amount of notice and use the correct form, they may be subject to a claim for compensation from the lessor/agent.
When a lessor/agent gives a notice to leave
The minimum notice period a lessor/agent must give a tenant if they want them to leave when giving a notice to leave (form 12) is:
- seven (7) days for unremedied rent arrears
- 14 days for an unremedied breach
- seven (7) days for non-compliance with a QCAT order
- the same day for non-livability
- two (2) months for compulsory acquisition
- four (4) weeks for a sale contract signed when the tenants are on a periodic agreement
- two (2) months without grounds (no reason) under a periodic agreement
- two (2) months or the end of the term (whichever is later) without grounds under a fixed term agreement.
Giving the correct notice is vital for both tenants and Lessors/Agents. For more information about starting, during or ending a tenancy please visit the RTA website here.
Brought to you by Tony Nash – RE/MAX Property Associates Sunshine Coast
Phone Tony and his team today on 07 5452 4545
www.rentaladvice.com.au
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