Law Current to: September 3, 2025

Tenant ending a tenancy agreement

Tenants may seek legal advice or need assistance on ending their tenancy agreement. This resource provides guidance on the following:

• Ending an agreement (periodic or fixed term) – when and how a tenant can end a general tenancy agreement.
• Ending an agreement due to hardship – options to end a tenancy agreement if a tenant is experiencing financial or other hardship.
• Breaking a fixed term agreement – when a tenant wants to leave the premises early.
• Domestic and family violence – considerations for when a tenant is experiencing domestic and family violence.

Tenant ending an agreement (periodic or fixed term)

General tenancies involve arrangements for houses, townhouses, units and houseboats.
To validly end a general tenancy, a tenant must follow the steps outlined in the RTRAA . The RTRAA sets out specific processes including which forms to use and if any prescribed notice periods will apply.

The appropriate course of action will depend on the tenant’s reason for leaving. In some instances, the type of tenancy agreement will also be relevant (i.e. is the term of the tenancy agreement periodic or fixed term).

If a tenant wishes to end their tenancy agreement without grounds the following notice is required:

Reasons for ending a tenancy agreement early

The reasons a tenant can rely on to end a general tenancy early are dealt with in Chapter 5, Part 1 Division 3 of the RTRAA. Some reasons listed in the RTRAA include:

• lessor’s breach of the tenancy agreement (s 302 , s 307D, and s 304) – e.g. a the lessor fails to remedy a breach of the tenancy agreement within the specified timeframe;
• property condition and non-liveability (s 305 and s 307A) – e.g. severe structural issues not disclosed at the time of signing the tenancy agreement;
• death of co-tenant (s 307B); and
• property is sold or acquired by an authority (s 307 and s 305(1)(c)) – e.g the lessor sells the property within two months of the tenant moving in or a government authority acquires the property.

Applications to QCAT for termination

If a tenant and a lessor do not reach agreement on ending a tenancy agreement early, a tenant may be entitled to make an application to QCAT. Subdivision 3 of the Act sets out when a tenant may make an application to QCAT to terminate a tenancy agreement early. These include:

• failure by the lessor to remedy a breach of the tenancy agreement (s 309);
• excessive hardship if the agreement is not terminated (s 310);
• damage or injury to the tenant, a third party occupying the premises or the tenant’s goods, by the lessor or a co-tenant (s 311);
• misrepresentation by the lessor or lessor’s agent (s 312A);
• lessor’s objectionable behaviour amounting to harassment, intimidation or verbally abusing the tenant or a third party occupying the premises (s 313); and
• repeated breaches of the tenancy agreement by the lessor (s 315).

The process for making an application to QCAT is set out on the residential tenancy disputes page on QCAT’s website.

Notice period

Part 2, Division 1 of Schedule 1 to the Act sets out the required notice period a tenant must give in each situation. The Tenancy Fact Sheet by Tenants Queensland also provides a summary of the notice periods required for different types of tenancies.

Generally:

• most of the circumstances will require at least 14 days’ notice. For fixed term agreements, this cannot be before the end of the term – see below at ‘Breaking a fixed term tenancy agreement‘; and
• immediate or very short notice periods are permitted for urgent issues such as non-liveability (noting that notice must be served within 1 month of the event that caused the non-liveability).

Steps to follow

To ensure valid notice is given to the lessor, a tenant must:

• provide written notice: give the lessor a Notice of intention to leave (Form 13);
• include necessary details: the Notice of intention to leave must state the intended end date (the handover day);
• calculate notice period: ensure the notice period complies with the minimum notice period required under the Act. It is calculated from the day the lessor or agent is expected to receive the notice, including the handover day. If being sent by post, allow extra time for postal delivery; and
• keep records: retain a copy of the notice in case there is any dispute between the tenant and the lessor.

Tenant ending an agreement due to hardship

If a tenant is experiencing excessive hardship and is not able to continue their tenancy agreement, an urgent application can be made to QCAT to terminate the tenancy agreement. The process for making an application to QCAT is set out on the residential tenancy disputes page on QCAT’s website. An overview is provided below.

What is considered “excessive hardship”?

Tenancy law does not explicitly define “excessive hardship”. QCAT adjudicators will determine whether the tenant is facing excessive hardship on a case-by-case basis, considering the unique circumstances of each application and the evidence provided by the tenant.

Common examples of excessive hardship include:

• Serious illness: physical or mental health issues that prevent the tenant from continuing the tenancy.
• Loss of employment: the tenant’s inability to pay rent due to job loss.
• Forced relocation: requirement to move for work-related reasons.

The application must include evidence of the hardship, such as medical certificates, termination letters from employers, or relocation orders.

Application to QCAT

Generally, the process for making an application to QCAT involves:

• completing the application form online or manually as outlined in the QCAT form 2 Application for Minor Civil Dispute – Residential Tenancy Dispute;
• pay the fee at the time of lodgement (this can be waived if your client applies for it to be waived using a Form 49 – Application for fee waiver or appeal fee reduction by reason of financial hardship, including providing evidence of their financial hardship); and
• once lodged, QCAT will provide a case number.

There is no need to serve any initial documents or evidence on the other parties as QCAT has a statutory requirement to do this. However, any additional material filed after the initial application is lodged with QCAT will also need to be given to all other parties (by email, post or in person).

The QCAT Practice Direction No. 4 outlines the steps and requirements before and during the hearing to ensure the process is informed, fair and efficient. For more information on the QCAT process for solving tenancy disputes generally, Tenants Queensland offers five short explainer videos, accessible here.

Important considerations if making an application with QCAT

• QCAT has a monetary compensation limit of $25,000. Therefore, if the claim is more than $25,000, then the tenant must have the matter determined by the court with the appropriate monetary jurisdiction, not QCAT.
• Check if the agent is named on the tenancy agreement as authorised to stand in the lessor’s place in a proceeding. If the agent is named, the tenant may take action against the agent instead or both the lessor and the agent.
• The current average time for QCAT to consider a dispute can be found on the QCAT expected timeframes page. This may vary from time to time depending on QCAT’s current caseload and is a relevant factor in practice for a client deciding whether to initiate QCAT proceedings.

QCAT’s decision-making process

QCAT can issue an order to terminate the tenancy from an agreed date. During the hearing, the lessor may seek financial compensation for the early termination. The tenant can request QCAT to make a final decision regarding the rental bond refund and any compensation owed. However, QCAT may defer the compensation decision to a later date.

Decisions are final and enforceable, emphasizing the importance of thorough preparation and accurate evidence presentation.

Utilising Supreme Court Library Queensland website to find cases with terms relevant to the tenant’s situation can provide insight into potential outcomes.

Legal representation

In QCAT proceedings parties generally must represent themselves, without lawyers present.

Parties do not need QCAT’s permission to get legal advice or assistance. Solicitors can help parties collect and prepare evidence, write submissions, and prepare for proceedings without needing QCAT’s permission.

QCAT’s permission is only required when a party wants a legal practitioner or another person to represent them and appear at QCAT proceedings on their behalf.

The details of when legal representation is allowed and the process of requesting permission is outlined on the appearing at a QCAT proceeding’ page on the QCAT website. The required form to request legal representation at a QCAT hearing is the Form 56 – Application for leave to be represented.

Breaking a fixed term tenancy agreement

Ending a fixed term tenancy agreement early could mean the tenant incurs financial liability such as compensation to the lessor for breach of contract. This compensation may be claimed by the lessor through the bond paid by the tenant at the start of the tenancy agreement. If the bond amount does not cover the compensation amount payable, an additional amount may be payable by the tenant.

The tenant may be required to pay compensation to the lessor for:

• loss of rent: compensation for any loss of rent until a new tenant moves in or the fixed term expires, whichever comes first;
• advertising costs: costs incurred to advertise the property to find a new tenant; and
• re-letting costs: an agent’s re-letting fee, which can depend on the duration remaining under the tenancy (see s 357A).

The lessor or agent must take reasonable steps to minimise their losses and cannot claim compensation for any avoidable expenses. For instance, they should advertise the property at a reasonable price and act promptly to find new tenants.

Before a tenant ends their fixed term tenancy agreement, the tenant should consider:

• negotiating a mutual termination agreement with the lessor or agent;
• if they may be entitled to apply to QCAT to seek an urgent termination order – see above at ‘Breaking a fixed term tenancy agreement’; and
• advertise for a new tenant to take over the tenancy agreement by transferring or subletting the premises to a new tenant.

Depending on the terms of the tenancy agreement, the tenant may be allowed to transfer or sublet the premises to a third party. If this is permitted under the terms of the tenancy agreement, the tenant should seek advice on the implications of these types of arrangements and check to see if the lessor’s consent is required.

Leaving due to Lessor’s breach

If the lessor is in breach of the tenancy agreement, the tenant can issue a Notice to remedy breach (Form 11), detailing the breach (including evidence of the breach) and the required remedy.

If the lessor fails to remedy the breach (also referred to as an unremedied breach), the tenant may take steps to end the tenancy agreement. The Tenancy Fact Sheet by Tenants Queensland sets out the notice period for different types of tenancies when a tenant wishes to terminate for an unremedied breach by the Lessor.

If the lessor or agent breaches the tenancy agreement in the same way three times within a 12-month period, the tenant can apply to QCAT for an urgent hearing to end the tenancy agreement.

Leaving due to damage, injury, or harassment

A tenant can apply to QCAT for an urgent hearing to terminate their agreement if there has been damage, injury, or harassment by the lessor or a co-tenant. In cases of domestic violence, occupants or domestic associates can also apply to QCAT.

Misrepresentation

Your client can apply to QCAT to terminate their agreement due to misrepresentation within three months of moving in. This is a non-urgent application to QCAT.

For more information, see the Tenants Queensland Resolving Disputes Tenancy Factsheet or contact the RTA or the Tenants Queensland free statewide advice service for tenants. The tenant must keep copies of any notices they give to the lessor or agent as they could be important evidence in case of a dispute.

Dispute resolution pathways

If a tenant has a dispute about their tenancy agreement, the RTA offers a free dispute resolution service to help resolve issues without the need for legal action. More information can be found here.

If the dispute is deemed suitable for conciliation, the RTA may host an informal dispute resolution conference to help the parties reach agreement. If the parties do not reach agreement, the RTA will issue a “notice of unresolved dispute”. The person who lodged the initial dispute resolution request then has the option to pursue further options with QCAT, or where the claim is for monetary compensation of more than $25,000 then the matter must be determined by the court with the appropriate monetary jurisdiction, not QCAT.

However, tenants have the option of applying straight to QCAT without using the RTA’s dispute resolution service first; this is referred to as an urgent application. Urgent applications include where:

• the tenant is experiencing excessive hardship (like money problems or a job transfer) and wants to end the agreement before the fixed date;
• there has been objectionable behaviour by the lessor; or
• there have been repeated breaches by the lessor.

Domestic and family violence considerations

We have detailed information about the domestic and family violence considerations on our Tenancies Impacted by Violence resource.