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Law Current to: September 3, 2025
Resident ending a rooming agreement
Rooming accommodation is defined in section 15 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) as rented accommodation where:
- has a right to occupy 1 or more rooms
- does not have a right to occupy the whole of the premises in which the rooms are situated
- does not occupy a self-contained unit
- shares other rooms, or facilities outside of the resident’s room, with 1 or more of the other residents
Rooming accommodation agreements must be in writing (usually by using a Form R18) and include certain standard terms. Detailed information can be accessed on the RTA’s website here.
It’s important to confirm exactly what type of agreement applies to a client’s individual circumstances. A client’s rights, obligations and options change depending on the type of agreement.
For example, some accommodation is not covered by the RTRAA (such as holiday accommodation).
It is also possible to ‘opt into’ a general tenancy agreement even where the living arrangements meet the definition of rooming accommodation. Where an agreement states it is a general tenancy (or a Form 18a has been signed) the client will be considered a tenant and have the benefits of the residential tenancy provisions.
Tenants Queensland’s factsheet Do you Rent a Room? outlines in detail when a person is a resident under a rooming accommodation agreement and when they are not.
Resident ending a rooming accommodation agreement
A rooming agreement is a legally binding contract between a provider and a resident and can only be ended in accordance with the RTRAA.
In order to end an agreement, the resident must give the provider sufficient notice of their intention to leave. The minimum notice periods depend on the grounds the resident relies on when leaving.
If the resident wants to end a rooming agreement, the period of notice they are required to give will depend on the circumstances for ending the rooming agreement.
The below table outlines what notice period is required, depending on the reason for leaving.
The notice period begins when a resident gives the provider a Notice of intention to leave – Rooming accommodation (Form R13). There are limited circumstances where a Form R13 is not required, which are specified below.
The applicable notice period may depend on whether the resident is on a periodic agreement or a fixed term agreement. If a fixed term rooming agreement ends, then the general terms of the agreement continue to apply except for the sections of the agreement relevant to the fixed term: RTRAA s 82.
Without grounds and there is a periodic agreement
Seven days after notice is given to the provider: RTRAA s 381(1).
Without grounds and there is a fixed term agreement
Only at the end of the fixed term of the rooming agreement and not less than seven days after the notice is given to the provider: RTRAA s 381(2).
There is a fixed term agreement but the resident has come to an agreement with the provider to end the agreement early
A resident may discuss with the provider if they can leave the property before the expiry of the fixed term lease. If the provider agrees, then the resident and provider must both sign a written agreement to end the agreement early on a specific date: RTRAA s 366(a).
There has been a breach of the agreement by the provider
If the provider has breached a condition of the rooming agreement, the tenant can issue a Notice to remedy breach – rooming accommodation (Form R11). If the problem has not been fixed by the due date or has been repeated before the due date, the resident issuing the notice can choose either to ignore the breach and continue the agreement, or to proceed to end the agreement.
If the resident chooses to end the agreement because the breach has not been fixed by the due date, a resident may issue a notice of intention to leave. This notice must give at least seven days notice to the provider: RTRAA s 379(2).
If the provider does remedy the breach before the seven days, the resident may choose to continue living in the accommodation by waiving the breach by giving written notice to the provider prior to the handover day.
If the premises have been destroyed, or made completely or partially unfit to live in, other than because of a breach of the agreement
This notice may only be given within one month after the event which made the premises unfit to live in but the resident may leave on the day the notice is given to the provider: RTRAA s 380(4).
If the premises are not in a liveable condition within the first seven days of occupying the premises
Two days after the notice is given to the provider: RTRAA s 380A(1); 380A(4).
There is a death of a coresident
Seven days after the notice is given to the provider: RTRAA s 380B(3).
If premises are used for student accommodation and the resident stops being a student
One month after the notice is given to the provider.
The resident is experiencing domestic and family violence
Residents who believe they can no longer occupy the premises due to experiencing domestic and family violence can end their interest in a residency by completing a Notice ending residency interest (domestic and family violence) (Form R20) and provide it to the agent or manager/provider with relevant evidence. The resident may leave immediately: RTRAA s 381D(2)(b); 381E(2)(b).
Getting belongings back
As a first step, it is important for a resident to take all of their belongings with them when a rooming agreement ends. However, if items have been left behind, there are options available to get these items back. Under the Act, the provider or provider’s agent must not dispose of, or otherwise deal with, lost property (unless otherwise stipulated by the Act, or if the provider has a reasonable excuse): RTRAA s 391.
For items such as money or personal documents (birth certificates, passports, photos etc.), the provider holds a statutory obligation to make reasonable efforts to contact the resident (i.e., the former resident) about the property and store the documents and money safely for at least 28 days, unless it is reclaimed before that time: RTRAA s 392(2). However, the provider can ask the resident to pay reasonable storage costs before releasing the goods: RTRAA s 393(7).
If at the end of the 28 days, the documents or money have not been claimed, the provider must give it to the public trustee: RTRAA s 392(3). The provider may deduct any outstanding money owed under the rooming agreement by the resident before giving the money to the public trustee: RTRAA s 392(4).
For belongings such as clothing or other personal items (everything besides money or personal documents), a provider does have permission to sell or dispose of items straight away if the provider reasonably believes any of the following applies:
- the goods are perishable (likely to go off, rotten or degrade);
- the total market value of the goods is less than $150; or
- storage of the goods is unhealthy or unsafe: RTRAA s 393(2).
If, at the end of 28 days, the property has not been reclaimed, the provider must continue to store the property or sell or dispose of the property: RTRAA s 393(5).
