Ending a tenancy agreement

Changes to Queensland rental laws came into effect from 6 June 2024. Learn more about the changes and what they mean for you.

Minimum housing standards came into effect for new tenancies (including renewed tenancy agreements) from 1 September 2023 and for all remaining tenancies from 1 September 2024.

A tenancy agreement is legally binding. At the end of a fixed-term agreement, the tenancy can be ended or it can continue as either a new fixed term or periodic agreement. Either the tenant or the managing party can end the tenancy.

Rental law changes around ending a tenancy

Changes to legislation around ending a tenancy came into effect on 1 October 2022. These changes give tenants, property owners and property managers more transparency around decisions made to end a tenancy.

Property manager/owner ends the tenancy

Managing parties cannot end a tenancy ‘without grounds’ and must provide a valid reason for ending a tenancy. The end of a fixed term agreement can be given as a reason for ending a fixed term tenancy. However, this reason doesn’t apply to periodic agreements, which can only be ended using a specific reason under the Residential Tenancies and Rooming Accommodation Act 2008.

To end a tenancy agreement, the property manager/owner should issue the tenant with a Notice to leave (Form 12 or Form R12).

Ways a property manager/owner can end a tenancy include, but are not limited to:

• the ending of a fixed term agreement (providing the correct notice has been given)
• the property manager/owner and the tenant mutually agree in writing to end the agreement
• the ending of an agreed short tenancy (for moveable dwellings, providing the correct notice has been given)
• the tenant has not complied with a Queensland Civil and Administrative Tribunal (QCAT) order
• the tenant has been issued with a Notice to remedy breach (e.g. for unpaid rent or damage to the property) and the breach has not been remedied within the specified timeframe
• the tenant has abandoned the property
• the property is to be sold*
• the property is wholly or partially destroyed and becomes unlivable (this most commonly occurs after a natural disaster)
• the property requires significant repairs, renovations, is subject to demolition or redevelopment plans*
• the owner wants to move into the property*
• a sole tenant dies
• the property has been compulsorily acquired by an authority, mortgagee (such as a bank) or the Queensland Government
• the tenant is renting student accommodation and stops being a student
• the tenant is renting supported accommodation and are no longer eligible for accommodation assistance (this does not apply to rooming accommodation)
• the property is being converted to another use and will no longer be a residential tenancy*
• a QCAT order ends the agreement (e.g. for excessive hardship).

Further reading: For more in depth information about how to end a tenancy agreement, see the Ending a tenancy agreement for managing parties fact sheet

*Reasons marked with an asterisk 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).

Tenant ends the agreement

To end a tenancy agreement, the tenant must issue the property manager/owner with a Notice of intention to leave (Form 13 or Form R13).

Ways a tenant can end a fixed term agreement early include, but are not limited to:

• without grounds at the end of a fixed term agreement or during a periodic agreement (providing the correct notice has been given)
• the property manager/owner has been issued with a Notice to remedy breach (e.g. for failing to make repairs to maintain the property) and the breach has not been remedied within the specified timeframe
• the ending of an agreed short tenancy (for moveable dwellings, providing the correct notice has been given)
• the property is wholly or partially destroyed and becomes unlivable (this most commonly occurs after a natural disaster)
• a sole tenant has died and their representative wants to end the agreement
• a co-tenant has died and the remaining tenants want to end the agreement
• the property is for sale within the first two months of the tenancy starting and the tenant was not informed about this in writing when they signed the agreement
• the tenant is renting student accommodation and stops being a student
• it’s within the first seven days of occupying the rental and the property is not fit to live in or not in good repair, and/or does not meet minimum housing standards
• the property has been compulsory required by an authority
• a QCAT order ends the agreement (e.g. for excessive hardship).

Further reading: For more in depth information about how to end a tenancy agreement, see the Ending a tenancy agreement for tenants/residents fact sheet.

Leaving the property

The tenant must leave the property in the same condition as when they moved in (except for fair wear and tear). Damages caused by a pet are not considered fair wear and tear and are the responsibility of the tenant.

All keys and any access cards or fobs must be returned at the end of the tenancy (including extra keys the tenant had cut). Tenants should also complete an Exit condition report (Form 14a) before they leave the rental property. Rooming accommodation residents are not required to complete an Exit condition report. It is a good idea to take photos as further evidence of the property condition.

Tenants can request a bond refund via the Bond Refund Web Service or Refund of rental bond (Form 4). Property managers/owners and tenants should talk with each other how the bond is to be refunded.

Tenants can find out more about what to consider when moving out of a rental property in the webinar below and in the New tenant checklist – moving out.