Understanding Your Eviction and Breach Notice Rights in Queensland

As a renter in Queensland, it's crucial to understand your rights when facing an eviction or receiving a breach notice. This knowledge empowers you to respond appropriately and ensures you're treated fairly under the law.

Eviction Notices in Queensland

In Queensland, eviction processes are governed by the Residential Tenancies and Rooming Accommodation Act 2008¹. There are specific reasons for which a landlord can legally evict a tenant.

Grounds for Eviction

• Non-payment of rent: If rent is overdue by more than seven days, a landlord can issue a Notice to Remedy Breach (Form 11).
• Breach of lease terms: This can include any violation of lease conditions, such as unauthorized pets or damage to the property.
• End of a fixed-term lease: A landlord can ask a tenant to vacate at the end of their lease with proper notice.

Notice Requirements

The type and length of notice required varies depending on the situation. For rental arrears, a tenant must receive a Notice to Remedy Breach and if unresolved, a Notice to Leave (Form 12) can follow.

Breach Notices

A breach of notice is given when a tenant or landlord fails to fulfill their obligations under the rental agreement.

Common Breaches by Tenants

• Lack of property care: Minor upkeep is the tenant's responsibility.
• Exceeding occupancy limits: Renting to more individuals than agreed upon can lead to issues.

In the event of such breaches, the landlord may issue a Notice to Remedy Breach (Form 11), which gives the tenant 7 days to fix the issue.

Steps to Take When You Receive a Notice

1. Review the Notice: Ensure all details are accurate.
2. Rectify the Issue: If valid, take steps to remedy the breach within the stipulated time.
3. Respond in Writing: If the notice is unjustified, communicate with your landlord.

Protection for Queensland Renters

The Queensland Civil and Administrative Tribunal (QCAT) is an essential resource for tenants to resolve disputes or appeal against wrongful eviction. Visit the QCAT website for more information.

Always document your communications and keep copies of all notices you receive or send regarding your tenancy.

1. What is a Notice to Remedy Breach? A Notice to Remedy Breach is a formal document from the landlord requesting the tenant address a specific lease violation, offering a timeframe to comply (usually 7 days).
2. Can a landlord evict me without notice? In Queensland, landlords must follow specific legal processes and provide notice. Immediate eviction can occur only with a QCAT order in serious cases.
3. How long does a tenant have to vacate after a Notice to Leave? A Notice to Leave typically provides 7 to 28 days, depending on the breach or end of a fixed-term agreement.

1. How to Respond to a Notice to Remedy Breach
   1. Step 1: Understand the Breach: Read the notice carefully to comprehend the alleged breach.
   2. Step 2: Act Accordingly: If correct, remedy the situation. If incorrect, write to the landlord explain your position.
   3. Step 3: Maintain Records: Keep all documentation of your responses and actions.

Need Help? Resources for Renters

For more guidance, reach out to the Residential Tenancies Authority (RTA), or seek advice from community legal centers across Queensland.

---

1. Queensland Residential Tenancies and Rooming Accommodation Act 2008
2. Queensland Civil and Administrative Tribunal (QCAT)

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid