Notice to vacate in Queensland — minimum periods and grounds

"Notice to vacate" — or more precisely under Queensland law, a "notice to leave" — is a formal document issued by a landlord (or their property manager) to end a tenancy. It must be issued on the correct form, on the correct grounds, with the correct notice period. Getting any of these wrong can mean the notice is invalid, and you may need to start the process again — adding weeks to your timeline.

What the RTRA Act says about ending a tenancy

The Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act) governs all residential tenancies in Queensland. A landlord cannot simply ask a tenant to leave — they must issue a Form 12 (Notice to leave) on one of the grounds recognised by the Act. The grounds, and the notice periods attached to them, vary significantly depending on the reason and the type of tenancy.

Grounds for ending a tenancy — and what notice you need

The most common grounds for a landlord to issue a notice to leave include:

• End of fixed-term tenancy (no breach): at least 2 months' notice if the tenant has been in the property for 2 years or more; at least 1 month for shorter tenancies (rules changed under recent QLD reforms — check current RTA guidance)
• Premises sold and buyer requires vacant possession: notice period varies by lease type
• Significant repair or renovation requiring vacant possession: notice period applies; work must genuinely require the property to be empty
• Non-renewal at the end of a fixed term: notice must be given before the fixed term ends
• Death of sole tenant: specific provisions apply

Queensland made significant changes to tenancy laws in 2023, including the removal of "no-grounds" evictions for periodic tenancies. If you previously relied on a notice to leave without grounds for a periodic tenancy, that is no longer available. A landlord now needs a recognised ground to end a periodic tenancy. Check the RTA website or seek legal advice for your specific situation, as the rules and notice periods have been updated and can be fact-specific.

What happens if a tenant doesn't leave?

If a tenant remains in the property after a valid notice to leave has expired, the landlord cannot remove them physically. The correct process is to apply to the Queensland Civil and Administrative Tribunal (QCAT) for a termination and possession order. QCAT will assess whether the notice was valid and, if so, issue an order for the tenant to vacate. Enforcement of the order, if the tenant still doesn't leave, involves the Queensland Police Service. This process can take several weeks, which is why getting the notice right the first time matters.

What to do with the property once vacant

A vacancy is a decision point. The obvious options are re-letting, selling, or leaving the property to be used in a different way. The right answer depends on the property's condition, your financial goals, and how much involvement you want going forward.

If the property needs work — deferred maintenance, an outdated kitchen or bathroom, or presentation that's below current market expectations — this may be the right moment to assess whether an investment in preparation could lift the sale or rental outcome meaningfully. That calculation changes depending on who is funding and managing the work.

Eleva works with owners at this transition point. If a joint venture property partnership makes sense — where Eleva funds and manages all preparation work, and profits are shared on the upside — we can assess that for your specific property. If a direct acquisition is cleaner, we assess that too. The first conversation helps you understand which path fits. Explore the property partnership or learn about the property income model.