Eviction Notice QLD — How to Evict a Tenant for Unpaid Rent

If you’re a self-managing landlord in Queensland and your tenant has stopped paying rent, there is a specific legal process you must follow to end the tenancy. You cannot skip steps, you cannot change the locks, and you cannot remove the tenant yourself — no matter how far behind they are on rent.

The process involves two separate notices, minimum waiting periods at each stage, and — if the tenant refuses to leave — an application to the Queensland Civil and Administrative Tribunal (QCAT) for a termination order and warrant of possession. Get the process right and you have a clear path to recovering your property. Get it wrong and you’re back to square one, having lost weeks or months.

If you’re managing the tenancy yourself, our self-managing rental property QLD guide walks through the main landlord workflow from tenant setup to ending the tenancy.

This guide covers the complete unpaid rent eviction process from the first missed payment through to the warrant of possession. If you need to end a tenancy for other reasons — sale, renovation, owner occupation, end of fixed term, or other grounds — see our companion guide: How to Evict a Tenant QLD.

If you’re dealing with a tenancy that may end in formal notice, keep the QLD lease agreement guide and broader QLD rental laws guide guides nearby. If money is likely to be disputed at the end, our QLD rental bond guide guide is the next page to read.

A Note on Terminology

Queensland legislation uses different terms from everyday language. The Act refers to landlords as “lessors” and the eviction notice as a “Notice to Leave.” Throughout this guide, we use plain English — “landlord” instead of “lessor,” “eviction notice” alongside “Notice to Leave” — but we reference the legislative terms where it matters for your paperwork. When you’re filling in forms or dealing with QCAT, the legislative terminology is what counts.

Step 1: Wait for the Rent to Be 7 Days Overdue

You cannot begin the eviction process the day rent is due. Under Section 280(1)(a) of the Residential Tenancies and Rooming Accommodation Act 2008 (the RTRA Act), you can only issue a Notice to Remedy Breach if the rent has remained unpaid for at least 7 days.

This means if rent is due on the 1st of the month and the tenant doesn’t pay, the earliest you can issue the Notice to Remedy Breach is the 8th. There is no discretion here — the 7-day waiting period is a statutory precondition. Issuing the notice before the 7 days have elapsed makes it invalid.

During this initial 7-day period, you should be documenting the non-payment. Keep records of when rent was due, what amount was due, and any communication with the tenant about the missed payment. These records will be important if the matter goes to QCAT.

Step 2: Issue a Notice to Remedy Breach (Form 11)

Once rent has been unpaid for at least 7 days, you can issue a Notice to Remedy Breach (Form 11) under Section 280 of the RTRA Act. This notice formally tells the tenant what the breach is — non-payment of rent — and requires them to fix it within the allowed remedy period.

What the Notice Must Include

The Notice to Remedy Breach must be in the approved form (Form 11), as required by Section 325. It must be signed by you or your agent, include particulars of the breach (the amount of rent owed and the period it covers), and state the day by which the tenant must remedy the breach.

The 7-Day Remedy Period

Under Section 328, the allowed remedy period must not end earlier than 7 days after the notice is given. This is a minimum — you can give more time if you choose, but you cannot give less.

When counting the 7 days, you must not count the day the notice is given. If the last day of the remedy period falls on a weekend or public holiday, it extends to the next business day.

For example: if you hand-deliver the Notice to Remedy Breach on Monday 1 June, day 1 is Tuesday 2 June, and the remedy period expires at midnight on Monday 8 June. The tenant has until midnight on that day to pay the outstanding rent.

What Counts as Remedying the Breach

The tenant remedies the breach by paying the full amount of rent that was outstanding at the time you issued the notice. Under Section 278(2), if the tenant pays the total amount required by the notice within the allowed remedy period, the breach is waived. This is not optional — the Act specifically provides that acceptance of the full rent amount within the remedy period operates as a waiver of the breach.

This is one of the most important provisions for landlords to understand. If the tenant pays in full within the 7 days, the process stops. The breach is waived and you cannot proceed to a Notice to Leave based on that breach. You are back to square one. If the tenant falls behind again, you must start the entire process over — a fresh 7-day waiting period, a fresh Form 11, and a fresh remedy period.

If You Serve the Notice by Post

When serving notices by post, you must allow additional time for delivery. The notice period does not start until the notice is received. If you’re posting the notice, factor in the postal delivery time — the standard approach is to allow an additional number of business days for postal delivery, depending on the method used.

The safer approach for self-managing landlords is to deliver the notice by hand or by email (if the tenancy agreement allows electronic service), so you have certainty about when it was received.

Step 3: Issue a Notice to Leave (Form 12)

If the tenant fails to pay the rent within the allowed remedy period, you can issue a Notice to Leave (Form 12) under Section 281. This is the formal eviction notice — it requires the tenant to hand over vacant possession of the property by a specified date (the “handover day”).

You can only issue the Notice to Leave after the remedy period on the Form 11 has expired without the tenant paying. Issuing the Form 12 before the Form 11 remedy period has expired makes it invalid.

Notice Period: 7 Days

For an unremedied breach that is a failure to pay rent, the minimum notice period is 7 days after the notice is given to the tenant (Schedule 1, Part 1 of the RTRA Act). This is shorter than the 14-day period for a general (non-rent) unremedied breach.

The same counting rules apply: do not count the day the notice is given, and if the handover day falls on a non-business day, it extends to the next business day.

What the Notice to Leave Must Include

Section 326 sets out the requirements. The Notice to Leave must:

• be in the approved form (Form 12)
• be signed by you or your agent
• identify the property
• state the handover day (the date by which the tenant must vacate)
• state the ground — in this case, “Unremedied breach – rent arrears”
• give particulars of the ground (the breach, the Form 11 details, and the failure to remedy)
• state that information about the tenant’s rights and obligations is contained in the tenancy agreement
• inform the tenant that if they don’t leave by the handover day, you can apply to QCAT for a termination order without further notice, and that QCAT must also issue a warrant of possession if it makes the order

Selecting the Correct Ground on Form 12

Form 12 lists multiple grounds. For unpaid rent, you must select “Unremedied breach – rent arrears.” Do not select “Unremedied breach – general” — that is for non-rent breaches and carries a 14-day notice period instead of 7 days. Selecting the wrong ground creates a procedural defect.

Can You Issue a Notice to Leave During a Fixed-Term Agreement?

Yes. Unlike many other grounds for a Notice to Leave (such as sale, renovation, or owner occupation), an unremedied breach notice can be issued during a fixed-term agreement. The asterisk note on Form 12 — which states that certain grounds cannot be used to end a fixed-term agreement early — does not apply to unremedied breach grounds.

Accepting Rent After Issuing the Notice to Leave

Section 278(1) provides that accepting rent after issuing a Notice to Leave for an unremedied breach does not waive the breach and does not create a new tenancy. This is different from the position during the Form 11 remedy period. Once you have issued the Form 12, accepting partial or even full rent payments does not invalidate the notice.

However, this is a nuanced area. If the tenant pays the full arrears before the handover day and you accept the payment, you may find it difficult to persuade QCAT that termination is justified — even though the notice remains technically valid. The better approach is to carefully consider whether you want to accept payment at that stage and, if you do, whether you still intend to proceed with the eviction.

Step 4: If the Tenant Doesn’t Leave — Apply to QCAT

If the tenant does not hand over vacant possession by the handover day, you can apply to QCAT for a termination order under Section 293. There is a critical deadline: you must apply within 2 weeks of the handover day. If you miss this deadline, your Notice to Leave lapses and you must start the process over.

What QCAT Considers

For an unremedied breach, QCAT’s power is set out in Section 337. Unlike some other grounds — where QCAT simply checks that the notice was validly given — for unremedied breach, QCAT has discretion. The tribunal may make the termination order if it is satisfied:

• you have established the ground of the application and the notice to leave
• the tenant committed the breach stated in the Notice to Remedy Breach
• the breach justifies terminating the agreement

In deciding whether the breach justifies termination, QCAT may consider the seriousness of the breach, any steps the tenant has taken to remedy the breach, whether the breach was recurrent and how frequently, the detriment caused or likely to be caused to you, whether you have acted reasonably about the breach, and any other issues it considers appropriate (Section 337(3)).

This means QCAT can refuse to make a termination order even if you followed the process perfectly — for example, if the tenant has since paid the arrears and QCAT considers termination disproportionate. This is why documenting the history of late or missed payments matters. A single late payment that was subsequently paid may not justify termination. A pattern of repeated arrears — even if each instance was eventually remedied — paints a different picture.

The Termination Order and Warrant of Possession

If QCAT makes a termination order, it must also issue a warrant of possession in your favour. The warrant authorises a police officer, or another authorised person stated in the warrant, to enter the premises and give you possession of the property.

Tenants cannot be evicted without a warrant of possession. This is stated directly on Form 12 and is a fundamental principle of QLD tenancy law.

Defects in Notices

Section 349 gives QCAT the power to make a termination order even if the Notice to Leave contains a defect, provided QCAT is satisfied it is appropriate in all the circumstances. This is a safety net for minor procedural errors — such as a date miscalculation or a minor formatting issue — but it does not excuse substantive errors like issuing the Form 12 before the Form 11 remedy period expired, or selecting the wrong ground.

The Complete Timeline

Here is a realistic minimum timeline for evicting a tenant for unpaid rent in Queensland, assuming no postal delays and no weekends or public holidays falling on key dates:

Day 0: Rent is due and not paid.

Day 7: Rent has been unpaid for 7 days. You issue a Notice to Remedy Breach (Form 11) giving the tenant 7 days to pay.

Day 14: The remedy period on the Form 11 expires at midnight. The tenant has not paid.

Day 15: You issue a Notice to Leave (Form 12) with a 7-day notice period. You cannot issue the Form 12 until the day after the remedy period expires — issuing it on Day 14 would be premature.

Day 22: The handover day. The tenant has not vacated. You apply to QCAT for a termination order.

Day 22 onwards: You wait for your QCAT hearing. QCAT hearing times vary, but you should expect several weeks between lodging the application and the hearing.

After QCAT hearing: If QCAT makes a termination order and issues a warrant of possession, the tenant must leave. If they still don’t leave, the warrant is enforced by a police officer or other authorised person.

In practice, the process from first missed payment to QCAT hearing typically takes 6 to 10 weeks at minimum, and often longer if hearing dates are delayed. The absolute minimum from first missed payment to the handover day — assuming no postal delays and no weekends or public holidays — is just over 3 weeks.

What You Cannot Do

Self-Help Eviction Is Illegal

Under no circumstances can you change the locks, remove the tenant’s belongings, disconnect utilities, or physically remove the tenant from the property. It does not matter how much rent is owed, how long they have been in arrears, or whether you have given them a valid Notice to Leave that has expired.

The only lawful way to remove a tenant who refuses to leave is through a warrant of possession issued by QCAT, enforced by a police officer or other authorised person.

You Cannot Skip the Notice to Remedy Breach

The Form 12 (Notice to Leave) for unpaid rent can only be issued after the Form 11 (Notice to Remedy Breach) remedy period has expired without the tenant paying. You cannot go straight to a Form 12. The two-step process — Form 11 first, then Form 12 if unresolved — is a statutory requirement under Sections 280 and 281.

You Cannot Give False or Misleading Information

Section 365A creates an offence for giving a tenant a Notice to Leave containing information the landlord or agent knows is false or misleading in a material particular. The maximum penalty is significant. While Section 365A specifically lists sale, renovation, demolition, change of use, and owner occupation notices, accuracy in all notices is essential — a Notice to Leave based on a fabricated breach will fail at QCAT.

Repeated Breaches: A Stronger Path Through QCAT

If your tenant has a pattern of falling behind on rent — paying after each breach notice, only to fall behind again — you may have grounds for a QCAT application for termination based on repeated breaches under Section 299.

This pathway requires that you have issued at least 2 Notices to Remedy Breach (Form 11) for the same type of breach (non-payment of rent), the tenant remedied each breach within the remedy period, the tenant then committed a further breach of the same provision, and all breaches occurred within a 12-month period.

If these conditions are met, you can apply directly to QCAT for a termination order — you do not need to issue a Notice to Leave first (Section 335(1)(g)). QCAT considers the seriousness of each breach, the period the tenancy has been in existence, the period in which the breaches occurred, for a fixed-term agreement the remaining period of the tenancy, and anything else it considers relevant (Section 347).

This is a powerful tool for dealing with chronically late-paying tenants. Keep meticulous records of every breach notice, every late payment, and every remedy — you will need them for your QCAT application.

Other Grounds for Eviction

Unpaid rent is the most common reason landlords need to end a tenancy, but it is not the only one. The RTRA Act provides grounds for issuing a Notice to Leave for end of a fixed-term agreement, non-compliance with a QCAT order, sale of the property, owner occupation, significant repairs or renovations, planned demolition or redevelopment, change of use, non-liveability, compulsory acquisition, and several other specific circumstances.

For some of the more serious situations — intentional damage, injury, objectionable behaviour, and excessive hardship — you can apply directly to QCAT without issuing a Notice to Leave at all.

Each ground has its own notice period and requirements. Our companion guide, How to Evict a Tenant QLD, covers all available grounds, notice periods, and the QCAT process for each.

Retaliatory Evictions

Section 246A of the RTRA Act protects tenants from retaliatory action. If the tenant has recently exercised a right under the Act — such as requesting repairs, issuing you a Notice to Remedy Breach, or applying to QCAT — and you subsequently take action to end the tenancy, the tenant can apply to QCAT to have your action set aside if they reasonably believe it was taken to intimidate or punish them.

For unpaid rent evictions, this protection is less likely to apply because the breach (non-payment) is objectively verifiable — the rent was either paid or it wasn’t. But be aware that if you have an ongoing dispute with a tenant about repairs or other obligations, and the tenant then falls behind on rent, the timing could raise questions about your motives. Document everything and ensure your breach notices are based solely on the genuine failure to pay rent.

Note that Section 291 (end of fixed-term agreement) specifically prohibits a landlord from issuing a Notice to Leave on that ground if it constitutes retaliatory action, or if the tenant has applied to QCAT, complained to a government entity, taken action to enforce their rights, or if an order of a tribunal is currently in force in relation to you and the tenant. This prohibition is built directly into Section 291(2) and (3) — it is not just a defence the tenant can raise, it is a precondition for issuing the notice.

RTA Dispute Resolution

Before or alongside the formal notice process, you can access the RTA’s free dispute resolution service. The RTA can assist with mediation between you and the tenant, which may resolve the issue faster than the QCAT process.

To access dispute resolution, you or the tenant can lodge a Dispute Resolution Request (Form 16) with the RTA, or apply online through RTA Web Services. The RTA can be contacted on 1300 366 311.

Dispute resolution is not a substitute for the formal notice process — if the tenant is not paying rent and you want to end the tenancy, you still need to follow the Form 11 → Form 12 → QCAT pathway. But it can run in parallel, and QCAT may look favourably on the fact that you attempted to resolve the matter through the RTA before proceeding to the tribunal.

If the tenancy ends and money or damage is disputed, our QLD rental bond guide and QLD condition report guide guides explain the evidence side. If the dispute began with a fixed-term agreement, our QLD break lease guide guide is the other page most landlords usually need.

Common Mistakes Landlords Make

Issuing the Notice to Leave Before the Remedy Period Expires

This is the most common error. You must wait for the full 7-day remedy period on the Form 11 to expire before issuing the Form 12. Issuing the Form 12 even one day early invalidates it, and you’ll need to start over.

Issuing the Notice to Remedy Breach Too Early

You cannot issue the Form 11 until rent has been unpaid for at least 7 days (Section 280(1)(a)). Issuing it on day 5 or 6 is premature and makes the notice invalid.

Missing the 2-Week QCAT Deadline

If the tenant doesn’t leave by the handover day, you must apply to QCAT within 2 weeks (Section 293(2)). Miss this window and your Notice to Leave expires. You would need to issue a fresh Form 11 and start the entire process again.

Miscounting the Notice Period

Do not count the day the notice is given. If you deliver a 7-day notice on a Wednesday, day 1 is Thursday, and the 7-day period expires the following Wednesday at midnight. If that day is a weekend or public holiday, it extends to the next business day.

Not Keeping Records

QCAT has discretion when deciding unremedied breach applications. A landlord who can produce a clear record — dates of missed payments, copies of all notices, evidence of communication with the tenant, and a history of prior breaches — is in a far stronger position than one who relies on memory.

Changing the Locks or Disconnecting Utilities

This bears repeating because it is the single most damaging mistake a landlord can make. Self-help eviction is illegal in Queensland. The consequences include QCAT orders against you, potential compensation to the tenant, and criminal liability. No matter how frustrated you are, the only lawful path is through the notice process and QCAT.

Frequently Asked Questions About Eviction Notices in QLD

How long does a tenant have to be behind on rent before I can start the eviction process? The rent must have remained unpaid for at least 7 days before you can issue a Notice to Remedy Breach (Form 11) under Section 280(1)(a) of the RTRA Act.

What is the fastest I can evict a tenant for unpaid rent in QLD? The minimum timeline from the first missed payment is just over 3 weeks: 7 days waiting for rent to be overdue, 7 days for the Form 11 remedy period, then you can issue the Form 12 the day after the remedy period expires, followed by a 7-day notice period. If the tenant doesn’t leave after that, you apply to QCAT, and the hearing will add several more weeks. In practice, 6 to 10 weeks from first missed payment to QCAT hearing is realistic.

What if my tenant pays the rent during the Form 11 remedy period? If the tenant pays the full amount of outstanding rent within the 7-day remedy period, the breach is waived under Section 278(2). You cannot proceed to a Notice to Leave for that breach. The process resets.

Can I accept partial rent payments during the eviction process? Accepting rent after issuing a Notice to Leave for unremedied breach does not waive the breach or invalidate the notice (Section 278(1)). However, accepting payment during the Form 11 remedy period that equals the total amount required does waive the breach. If the tenant offers a partial payment during the remedy period, accepting it does not waive the breach — only payment of the total amount operates as a waiver.

What form do I use to evict a tenant for unpaid rent? You need two forms. First, a Notice to Remedy Breach (Form 11) under Section 280. If the tenant doesn’t pay within the remedy period, you then issue a Notice to Leave (Form 12) under Section 281, selecting “Unremedied breach – rent arrears” as the ground.

Can I evict a tenant for unpaid rent during a fixed-term lease? Yes. An unremedied breach notice can be issued during a fixed-term agreement. The restriction on Form 12 that prevents certain grounds from ending a fixed term early (marked with an asterisk on the form) does not apply to unremedied breach grounds.

What happens at the QCAT hearing? QCAT considers whether you have established your ground, whether the tenant committed the breach, and whether the breach justifies terminating the agreement. QCAT has discretion — it can refuse the order if it considers termination is not justified in the circumstances, even if you followed the process correctly. If QCAT makes a termination order, it must also issue a warrant of possession.

Can my tenant challenge the eviction notice? The tenant can dispute the notice through the RTA’s dispute resolution service or at the QCAT hearing. At QCAT, the tenant can argue that the breach didn’t occur, that it was remedied, or that termination is not justified. QCAT also has power under Section 349 to overlook defects in a notice if it considers it appropriate, but this is a discretion — it does not guarantee your notice will survive a challenge.

What is the difference between a Notice to Remedy Breach and a Notice to Leave? The Notice to Remedy Breach (Form 11) gives the tenant an opportunity to fix the breach — in this case, to pay the outstanding rent. It is a prerequisite. The Notice to Leave (Form 12) is the actual eviction notice that requires the tenant to vacate. You must issue Form 11 first. You can only issue Form 12 after the remedy period on Form 11 has expired without the tenant remedying the breach.

Can I evict a tenant without going to QCAT? Only if the tenant leaves voluntarily after receiving the Notice to Leave. If the tenant does not vacate by the handover day, QCAT is the only lawful path to a termination order and warrant of possession. You cannot remove the tenant yourself under any circumstances.

Summary

Evicting a tenant for unpaid rent in Queensland follows a strict two-notice process: Notice to Remedy Breach (Form 11) first, then Notice to Leave (Form 12) if unresolved. Each step has minimum time periods that cannot be shortened, and QCAT has discretion to refuse a termination order even when the process has been followed correctly.

The most important things to get right are the timing (don’t issue notices too early), the forms (use the correct approved forms with the correct ground selected), and the documentation (keep records of every payment, every missed payment, and every notice issued). If the matter goes to QCAT, you need to demonstrate both that you followed the process and that termination is justified in the circumstances.

For other grounds for ending a tenancy in Queensland — including end of fixed term, sale, renovation, owner occupation, and more — see our companion guide: How to Evict a Tenant QLD.

Related guides for QLD landlords

If you are building out the full landlord workflow for this state, these guides connect this page to the rest of the tenancy process.

Same-state guides

• QLD lease agreement guide
• QLD rental bond guide
• QLD condition report guide
• QLD rent increase guide
• QLD break lease guide

Compare eviction and notice guides in other states

• WA eviction notice guide
• NSW eviction notice guide
• VIC notice to vacate guide
• SA eviction notice guide
• Tasmania eviction notice guide
• ACT eviction notice guide