Breaking a Lease in QLD: A Guide for Tenants and Property Managers

So, you need to end your lease in Queensland.

Whether you’re a tenant or a property manager, this situation can be confusing and stressful.

This guide will break down the process for you, making it clear and easy to understand.

Understanding the Basics:

• Breaking the lease: This simply means ending a fixed-term lease before the agreed-upon date.
• Compensation: If you break the lease, you may be responsible for compensating the landlord for any losses incurred, such as rent until a new tenant is found.

Scenarios and Options:

As a Tenant:

• Talk to your property manager: It’s always best to communicate openly and discuss your situation. They might be willing to work out a mutual agreement to end the lease early.
• Notice period: If you can’t reach an agreement, you’ll need to provide a Notice of intention to leave (Form 13).
  • Be prepared to pay compensation, including:
    • Reasonable re-letting costs: Usually one week’s rent plus GST.
    • Reasonable advertising costs: If the property manager incurs them to find a new tenant.
    • Compensation for loss of rent: Until a new tenant is found or the end of the lease, whichever comes first.

    As a Property Manager:

    • Minimise losses: You’re legally required to find a new tenant as soon as possible to minimise the loss of rent.
    • Options for ending the lease:
      • Mutual agreement: Discuss with the tenant and reach an agreement on an end date and any compensation.
      • Accept the Notice to Leave: You can accept the notice and start the re-letting process. You are still entitled to compensation for losses.
      • Apply to QCAT: In rare cases, if the tenant is causing significant issues, you can apply to the Queensland Civil and Administrative Tribunal (QCAT) to end the lease early.

      Important Note: Tenants cannot be forced to leave without a QCAT order, even if the property manager wants to end the lease early.

      Additional Points:

      • Student accommodation: Special rules apply if you live in student accommodation and are no longer a student. You may be required to give one month’s notice or leave earlier depending on the agreement.
      • Ending a lease for other reasons: There are other ways a lease can end, such as the lease term expiring, a breach of the lease by either party, or redevelopment of the property.
      • Seeking legal advice: If you’re unsure about your rights or obligations, it’s always recommended to seek independent legal advice.

      Remember: Communication is key! Talking to your property manager or seeking legal advice can help ensure a smooth and stress-free process for ending your lease in Queensland.

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      Rod Callaghan

      I have 30+ years of industry experience working in real estate sales and auctioneering. I’ve been training and assessing real estate, business and construction courses for 12+ years now. My goal is to find out how I can help you advance your career or business!