Notice to vacate
Notice to Vacate
A notice to vacate is a request in writing from the rental provider (landlord) for you to leave your rented home. In some cases, you can challenge the notice and will not have to leave.
Rental Provider Wants You to Leave
If the rental provider wants you to move out of the property, they must give you a valid notice to vacate and can give you various reasons. The length of the notice period depends on the reason the rental provider is giving the notice and whether you have a fixed-term rental agreement (lease). It is important to note that because you receive a notice to vacate, it does not necessarily mean that you have to move out. If the rental provider wants to evict you, they must first apply to the Queensland Civil and Administrative Tribunal (QCAT) and convince QCAT that they should be granted a possession order.
Types of Notices
If you receive an immediate notice to vacate, you should contact us for urgent advice.
The rental provider can give an immediate notice to vacate in the following situations:
- If the property is destroyed or unfit to live in
- If a renter, or their visitor, caused serious damage, either deliberately or recklessly
- If a renter, or their visitor, caused danger to neighbours, the rental provider, or agent, or a contractor or employee of the rental provider or agent
QCAT requires substantial proof from rental providers in these cases. Note that on this page, references to sections refer to the Queensland Residential Tenancies and Rooming Accommodation Act 2008. For notices to vacate given for causing danger, QCAT must also consider guidelines issued by the Residential Tenancies Authority (RTA). The guidelines set out relevant case law and other factors that QCAT must take into account in deciding whether the behaviour resulting in the renter being given a notice to vacate is behaviour that caused danger to the safety of neighbours or others.
Notice to leave (Form 12)
The Notice to leave (Form 12) is used when the lessor/agent is giving notice to the tenant/s to vacate the property. Correct notice periods must always be given.
