How Much Notice Does a Queensland Landlord Have to Give to End a Tenancy?

A lessor who issues a Form 12 Notice to Leave with the wrong notice period — or worse, no valid ground at all — is not simply making an administrative error. They are potentially committing an offence under the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (RTRA Act), exposing themselves to penalties and handing the tenant grounds to set the notice aside entirely. Getting the notice period right is not a technicality. It is the foundation of a lawful termination.

The RTRA Act, specifically section 277, sets out the ways a residential tenancy agreement can end. Every path leads back to that section, and every path requires compliance with prescribed minimum notice periods tied to a specific ground. The notice period is not fixed — it varies depending on the type of agreement, the reason for ending it, and the circumstances on the ground at the time.

The End of No-Grounds Termination

Before diving into the current notice periods, it is worth being clear about what changed — because many interstate investors and newer agents still operate on outdated assumptions.

From 1 October 2022, the Housing Legislation Amendment Act 2021 removed the option for landlords to end a tenancy by way of issuing a Notice to Leave (Form 12) on a ‘without grounds’ basis. This was a fundamental restructure of the termination framework, not a minor tweak. Prior to that date, a lessor could end a periodic tenancy by providing two months’ notice with no reason required. That mechanism no longer exists for lessors.

The right of a lessor to end a periodic tenancy without grounds has been removed and from 1 October 2022, lessors can only end a periodic tenancy for specific prescribed grounds under the RTRA Act. Critically, this option — ending without grounds — continues to be available to tenants, if the required notice period of two weeks is given. The asymmetry is intentional and has real practical consequences for property managers managing lessor expectations.

Now, if a tenant’s lease has rolled into a periodic tenancy, a property owner will no longer be able to issue a notice to leave without grounds and will have limited grounds to ask a tenant to vacate. This single change reshaped how diligent property managers handle fixed-term renewals — the risk of allowing a tenancy to default to periodic is now materially higher for lessors than it was before 2022.

The Form 12 Notice to Leave: How It Works

The Notice to Leave (Form 12) is used when the lessor or agent is giving notice to the tenant to vacate the property. Notice to end an agreement must be provided in writing, and minimum notice periods apply. Verbal notification does not count. An email without the prescribed form is not sufficient. The Form 12 is the mechanism, and it must be completed correctly with the ground stated and the vacate date calculated properly.

When calculating dates for notices, where the notice period is in days, weeks, or months, the day the notice is given does not count. That is a detail agents frequently miscalculate — the clock starts the day after the notice is given, not on the day itself. When serving by post, further allowance must be made for mail delivery time.

A valid Form 12 must be in the approved form, signed by or for the lessor, identify the premises, require the tenant to hand over vacant possession on the stated handover day, state the ground on which the notice is given, and give particulars of that ground. A notice that states a ground but provides no particulars — no explanation of why that ground applies — is defective and potentially invalid.

Importantly, the Notice to Leave does not itself end the tenancy. If the tenant does not leave by the handover date, the landlord can apply to the Tribunal for a termination order and a warrant of possession. Without those orders, the tenant remains entitled to live at the property.

Notice Periods by Ground for General Tenancies

The notice period required from a lessor depends entirely on the ground stated in the Form 12. What follows covers the grounds most commonly encountered in residential property management.

End of a Fixed-Term Agreement

This is the most common ground used in day-to-day property management. A Form 12 for the end of a fixed-term agreement can be given up to one day prior to the end of the tenancy, with a minimum notice period of two months. For example, if a fixed-term agreement ends on 14 November 2022 and a Form 12 is given on 13 November 2022, the tenant will have until at least 14 January 2023 — the minimum two months — to vacate.

This ground cannot be used to end a fixed-term agreement early. This reason cannot be used to end a fixed-term tenancy agreement early; the tenancy only finishes on the end date of the agreement or the end date of the notice period, whichever is later.

The practical risk for property managers is the rollover trap. If a Form 12 is not issued by the required date before a fixed-term agreement ends, the agreement automatically switches to a periodic agreement, and the lessor will then need to satisfy new prescribed grounds in order to terminate. Once in periodic, the lessor has materially fewer options. The REIQ recommends, as a matter of best practice, that following the introduction of the new legislation, property managers commence issuing notices to leave on grounds of end of fixed term at the commencement of each fixed-term tenancy agreement. The practice is not unlawful and the RTRA Act does not prohibit it.

Unremedied Breach — Rent Arrears

Where a tenant has been issued a Notice to Remedy Breach (Form 11) for unpaid rent and has failed to remedy within the required timeframe, the lessor may issue a Form 12. For rent arrears, the minimum notice period on a general tenancy is 7 days.

The Notice to Remedy Breach must come first in the proper sequence. The Form 12 for rent arrears follows the Form 11 — not the other way around, and not simultaneously. Property managers who skip the Form 11 step or mis-time the sequence undermine the entire termination process.

Unremedied Breach — General

Where the tenant has failed to remedy a non-rent breach within the time given in a Notice to Remedy Breach, the minimum notice period on a Form 12 for an unremedied general breach in a general tenancy is 14 days. This includes breaches such as unauthorised occupants, damage to the property, keeping a pet without approval, and similar matters.

Sale Contract

If the tenant is on a fixed-term agreement, the property manager or owner cannot make them leave because they have decided to sell. The tenant can stay until the end of their fixed term, and the new owner will become their property owner.

If the tenant is on a periodic agreement and the buyer does not want to continue renting the property, the property manager or owner must give the tenant a Form 12 that allows at least 2 months’ notice after the contract of sale is signed.

The restriction on re-letting is significant here. A property manager or owner must not offer to rent or rent the property for six months from the date the tenancy ends on grounds of sale, change of use, or owner occupation. Penalties apply to owners and managers who fail to comply.

Owner Occupation

Where the lessor or a member of the lessor’s immediate family needs to occupy the property, this ground is available. The minimum notice period is 2 months for general tenancies. The same six-month re-letting restriction applies: the property manager or owner may end the agreement if the owner or their relative needs to occupy the property; the property manager or owner must not let or offer a residential tenancy for 6 months after the handover day of the tenancy, and penalties apply.

This ground cannot be used to terminate a fixed-term agreement early — it applies only at the end of a fixed term or during a periodic tenancy. As of 1 October 2022, it is no longer possible to end a fixed tenancy early where you have signed a contract to sell your property or where you or a relative need to occupy it.

Significant Repairs or Renovations

The property manager or owner may end the agreement if they intend to carry out significant renovations, or the property requires significant repairs, and the repairs or renovations cannot be safely carried out while the tenant occupies the property. The minimum notice period for this ground is 2 months in a general tenancy. Like sale and owner occupation, this cannot be used to cut short a fixed-term agreement.

Non-Liveability

Where a property is destroyed or becomes uninhabitable — typically following a natural disaster or catastrophic damage — either party may end the agreement if the property has been destroyed or made completely or partially unfit to live in; the party wishing to end the agreement must give notice within one month of the property becoming unliveable, and the agreement may end on the day the notice is given. This is a zero-notice period — the Form 12 operates immediately.

Compulsory Acquisition

Where the property is subject to compulsory acquisition by a government authority, the minimum notice period is 2 months for general tenancies.

Non-Compliance with a Tribunal Order

Where a tenant has failed to comply with a QCAT order, the minimum notice period on a Form 12 is 7 days.

The Periodic Tenancy Problem

The notice period framework has made periodic tenancies significantly more difficult to exit for lessors. A periodic agreement — including a fixed-term agreement that has become periodic — cannot be terminated without ground.

The practical consequence is stark. The changes remove a landlord’s right to terminate a periodic residential tenancy by notice without grounds. This means that landlords in Queensland are more likely to end up with long-term residential tenants if they let their fixed-term residential tenancies turn into periodic tenancies.

For property managers, this creates a portfolio management obligation. Every fixed-term agreement approaching expiry needs to be actively monitored. Either a new fixed-term agreement should be negotiated with the tenant, or a Form 12 for end of fixed term must be issued — with the two-month notice calculated correctly — before the agreement lapses into periodic. Lessors who do not issue the Form 12 contemporaneously with the fixed-term agreement risk the fixed-term defaulting into a periodic agreement, and this may result in the lessor involuntarily being placed in the position of a periodic agreement with extremely limited grounds for termination.

The asymmetry with tenants remains. A tenant on a periodic agreement can still end it without grounds with just 14 days’ notice. A lessor on the same periodic agreement must establish one of the prescribed grounds to end it at all.

Retaliatory Notices and Tenant Protections

A Form 12 issued on valid grounds can still be challenged. Property owners can apply to QCAT for an order to terminate the tenancy for significant or serious breach of the lease by a tenant. Renters can also apply to QCAT for an order to set a notice to leave aside if they believe it has been issued in retaliation for them enforcing their rights.

The retaliatory eviction protection is not theoretical. It has teeth. A lessor or property manager will have engaged in an offence under the RTRA Act if they provide false or misleading information in a Form 12, or where the lessor or property manager causes the property to be re-let within 6 months of ending a tenancy on grounds of sale, change of use, or owner occupation. Each offence carries a maximum penalty of 50 penalty units. It is therefore critical that the ground on which a Form 12 is issued is truthful and can be properly supported in the event that a tenant seeks to challenge the validity of the notice.

Property managers who issue a Form 12 on grounds of owner occupation or sale — and then promptly advertise the property for a new tenant within six months — are not just in breach of the spirit of the law. They are committing a specific offence. The penalty of 50 penalty units (currently $8,055 per unit at the 2025 rate) for a single offence is not trivial.

Entry restrictions also apply once a Form 12 is in play. If a property manager or owner serves a Form 12, or if a tenant issues a Form 13, the property owner or manager cannot enter the property more than twice within a 7-day period. The property manager or owner must ensure the tenant has quiet enjoyment of the property.

Mutual Agreement and the QCAT Pathway

Not every tenancy ends via Form 12. A property manager or owner and tenant may mutually agree in writing to end a tenancy on a specific date. There is no RTA form for a mutual agreement. It is recommended that the written agreement is signed by all parties, and the agreement could include the date the tenancy will end, any compensation that may be paid between the parties, and the reason the parties would like to end the tenancy.

Where a tenant does not leave following a valid Form 12, the lessor cannot simply change the locks or remove the tenant’s belongings. If the tenant does not leave by the date nominated in the Form 12, the lessor or agent may apply directly to QCAT for a termination order without further notice to the tenant. The lessor or agent must submit an application to QCAT within two weeks of the handover date. If QCAT makes a termination order, it must also issue a warrant of possession. Tenants cannot be evicted without a warrant of possession for the property.

If a tenant or lessor is suffering excessive hardship, they can also make an urgent application to QCAT for an order to terminate the agreement. The hardship pathway requires substantive evidence — QCAT will not accept bare assertions of financial difficulty.

Notice Periods at a Glance

For general residential tenancies under the RTRA Act, the principal notice periods a lessor must provide are:

• End of fixed-term agreement: Minimum 2 months (notice can be given as late as one day before the fixed-term end date)
• Unremedied breach — rent arrears: Minimum 7 days
• Unremedied breach — general (non-rent): Minimum 14 days
• Sale contract (periodic tenancy only): Minimum 2 months after contract of sale is signed
• Owner occupation (periodic tenancy only): Minimum 2 months
• Significant repairs or renovations: Minimum 2 months
• Compulsory acquisition: Minimum 2 months
• Non-compliance with a Tribunal order: Minimum 7 days
• Non-liveability: Effective on the day the notice is given (with one-month window to issue)

These periods apply to general tenancies. Moveable dwelling tenancies and rooming accommodation operate under different timeframes.

What This Means for Queensland Agents

The notice period framework is no longer a simple two-months-or-else structure. It is a ground-specific system with offence provisions attached, and the stakes for getting it wrong have increased meaningfully since October 2022.

For property managers, the most important practical shift is the fixed-term rollover risk. A tenancy that defaults to periodic without a valid Form 12 in place leaves the lessor with sharply limited termination options and potentially a long-term tenancy they cannot end except on prescribed grounds. The REIQ recommendation to issue a Form 12 for end of fixed term at the start of each agreement is sound practice, not overcaution.

For sales agents working with tenanted properties, the two-month notice requirement for sale contracts applies only after the contract is signed — not at the time of listing. A periodic tenancy cannot be ended just because a buyer has been found; the contract must be executed first. Fixed-term tenants have the right to see out their term regardless of any sale.

For all agents managing lessors who want to end a tenancy, the ground stated in the Form 12 must be genuine and provable. It is critical that the ground upon which a Form 12 is issued is truthful and can be properly supported in the event that a tenant seeks to challenge the validity of the notice. A lessor who fabricates or overstates a ground — or who re-lets within six months of ending a tenancy on sale, change of use, or owner occupation grounds — is committing an offence under the RTRA Act, and the property manager who facilitates that could face their own exposure.

The minimum notice period is exactly that — a minimum. Good practice, and good client outcomes, often involve communicating early, giving more notice than required, and keeping a clear paper trail from the moment the lessor’s instructions are confirmed.