How to Evict a Tenant in QLD — Every Ground Explained

Queensland law gives landlords a defined set of grounds to end a tenancy. You cannot end a periodic tenancy without a reason, you cannot bypass the prescribed notice periods, and you cannot remove a tenant yourself under any circumstances. Every eviction in Queensland follows a structured path: identify your ground, issue the correct notice on the approved form, wait the prescribed period, and — if the tenant doesn’t leave — apply to QCAT for a termination order and warrant of possession.

This guide covers every ground available to private landlords under the Residential Tenancies and Rooming Accommodation Act 2008 (the RTRA Act). If your specific situation is unpaid rent, we have a separate detailed guide that walks through the entire process step by step: Eviction Notice QLD — How to Evict a Tenant for Unpaid Rent.

If you’re working through a live termination, keep the QLD eviction notice guide and broader QLD rental laws guide guides alongside this page. If the tenancy is likely to end in a money dispute, our QLD rental bond guide guide is the next page to read.

QLD Has No No-Grounds Eviction for Landlords

In Queensland, landlords do not have the ability to end a periodic tenancy without stating a reason. The RTRA Act provides a closed list of specific grounds for issuing a Notice to Leave (Form 12), and every notice must specify which ground applies. This is different from the tenant’s position — tenants on a periodic agreement can give 14 days’ notice without stating any reason at all under Section 308.

For fixed-term agreements, the tenancy ends at the expiry of the term — but even then, the landlord must give a Notice to Leave at least 2 months before the end date under Section 291. And Section 291 includes explicit anti-retaliation protections: you cannot issue an end-of-fixed-term notice because the tenant has applied or is proposing to apply to QCAT, has complained to a government entity about you, has taken action to enforce their rights, or if a QCAT order is currently in force between you and the tenant.

The Notice to Leave (Form 12)

Every landlord-initiated eviction in QLD begins with a Notice to Leave, which must be on the approved Form 12. Under Section 326 of the RTRA Act, the notice must be in the approved form, signed by or for the landlord, identify the premises, state the ground on which the notice is given with particulars of that ground, state the handover day (the date by which the tenant must vacate), and include any information required to accompany the form.

The notice must also state that information about the tenant’s rights and obligations is contained in the tenancy agreement, and inform the tenant that if they do not comply by the handover day, the landlord may apply directly to QCAT for a termination order without giving any further notice, and that if QCAT makes the order it must also issue a warrant of possession.

You do not send Form 12 to the RTA. You give it to the tenant and keep a copy for your records.

When calculating notice periods, do not count the day the notice is given. If the notice period ends on a weekend or public holiday, it extends to the next business day. When serving by post, you must allow additional time for delivery.

Grounds for Eviction and Notice Periods

The following grounds are the ones relevant to private landlords managing general tenancies (houses, units, and townhouses). Moveable dwelling provisions are not covered in this guide.

Unremedied Breach — Rent Arrears (Section 281)

This is the most common eviction scenario for private landlords. The process involves two steps: first a Notice to Remedy Breach (Form 11), then — if the breach isn’t remedied — a Notice to Leave (Form 12).

The landlord can issue a Notice to Remedy Breach once rent has been unpaid for at least 7 days (Section 280). The tenant then has a remedy period to pay. If the tenant does not pay within the remedy period, the landlord can issue a Notice to Leave for unremedied breach with a notice period of 7 days.

There is an important waiver provision in Section 278(2): if the tenant pays the total amount of rent required under the Notice to Remedy Breach within the remedy period, the payment operates as a waiver of the breach. This means if the tenant pays up in time, the breach is resolved and you cannot proceed with eviction on that basis.

For a detailed walkthrough of the entire rent arrears eviction process — including the timeline, what happens if the tenant pays late, and the QCAT hearing — see Eviction Notice QLD.

Unremedied Breach — General (Section 281)

The same two-step process applies for breaches other than rent arrears — for example, damage to the property, keeping an unapproved pet, unauthorised occupants, or breach of a special term. Issue a Notice to Remedy Breach (Form 11) first. If the tenant fails to remedy the breach within the allowed period, issue a Notice to Leave with a notice period of 14 days.

Noncompliance with Tribunal Order (Section 282)

If QCAT has previously made an order against the tenant — for example, an order to comply with a term of the agreement, or an order to stop particular behaviour — and the tenant has failed to comply, you can issue a Notice to Leave with a notice period of 7 days. No prior Notice to Remedy Breach is required for this ground.

End of Fixed Term Agreement (Section 291)

If the tenancy is a fixed-term agreement and you want it to end when the term expires, you must give a Notice to Leave at least 2 months before the end of the fixed term. The handover day cannot be before the end of the agreement.

This is the ground most landlords use when they simply want to move on from a tenancy at the natural end of the lease. However, there are important restrictions. Under Section 291(2) and (3), you cannot issue this notice because the tenant has applied or is proposing to apply to QCAT, has complained to a government entity, has taken action to enforce their rights, or if a QCAT order is in force. And the notice must not constitute retaliatory action against the tenant.

If you want to end a fixed-term agreement before the end of the term, your options are limited to unremedied breach, noncompliance with a tribunal order, or a direct QCAT application (such as for damage, injury, or excessive hardship). The other grounds — sale, owner occupation, demolition, renovations, change of use — cannot be used to end a fixed-term agreement early. The notice period for these grounds must not end before the agreement’s end date.

Sale Contract (Section 286)

If you are preparing to sell the property and need it vacant, or if you have entered into a contract to sell with vacant possession, you can issue a Notice to Leave with a notice period of 2 months. The handover day cannot fall before the end of a fixed-term agreement.

After the tenancy ends on this ground, you must not offer the property for a new residential tenancy for 6 months after the handover day (Section 365B). Doing so is an offence carrying a maximum penalty of 50 penalty units. There are two defences: you genuinely made the property available for sale but received no acceptable offers, or circumstances beyond your control prevented the sale from proceeding.

Owner Occupation (Section 290G)

If you or a relative need to occupy the property, you can issue a Notice to Leave with a notice period of 2 months. The handover day cannot fall before the end of a fixed-term agreement.

The same 6-month re-letting restriction applies (Section 365D). You must not offer the property for a new residential tenancy for 6 months after the handover day, with the same defences available if the intended occupation cannot proceed due to circumstances beyond your control.

“Relative” is defined broadly in Schedule 2 of the RTRA Act. It includes your spouse, child, grandchild, great-grandchild, parent, grandparent, great-grandparent, brother, sister, uncle, aunt, cousin, niece, nephew, parent-in-law, daughter-in-law, son-in-law, sister-in-law, or brother-in-law. For Aboriginal persons, it also includes anyone regarded as a relative under Aboriginal tradition. For Torres Strait Islander persons, it includes anyone regarded as a relative under Island custom.

Planned Demolition or Redevelopment (Section 290C)

If you need the property vacant for a planned demolition or redevelopment, the notice period is 2 months. The handover day cannot fall before the end of a fixed-term agreement.

Significant Repairs or Renovations (Section 290D)

If the property requires significant repairs or you intend to carry out significant renovations, and the work cannot be safely carried out while the tenant is living there, the notice period is 2 months. The handover day cannot fall before the end of a fixed-term agreement.

Change of Use (Section 290E)

If you intend to use the property for something other than residential tenancy — for example, converting to short-term accommodation, a business premises, or taking it off the rental market entirely — you can issue a Notice to Leave. The notice period is 2 months. The handover day cannot fall before the end of a fixed-term agreement.

Section 290E(1) provides two alternative bases for this ground: the landlord requires the premises for a use other than residential tenancy, or the landlord will require the premises for the other use for a period of at least 6 months.

A 6-month re-letting restriction applies (Section 365C). You must not offer the property for a new residential tenancy for 6 months after the handover day.

Non-Liveability — Agreement Frustrated (Section 284)

If the property has been destroyed, made completely or partly unfit to live in (other than because of a breach by the tenant), or can no longer be lawfully used as a residence, you can issue a Notice to Leave that takes effect on the day it is given. This is the only ground with immediate effect.

The notice must be given within 1 month after the event that made the property unliveable.

Compulsory Acquisition (Section 284)

If the property has been compulsorily acquired by a government authority, the notice period is 2 months. The notice must be given within 1 month after the acquisition.

Other Grounds

The RTRA Act also provides grounds that most private landlords will not use: ending of entitlement under employment (Section 288, 4 weeks’ notice), ending of accommodation or housing assistance (Sections 289 and 290, 4 weeks’ notice), ending of student accommodation entitlement (Section 290F, 1 month’s notice), State government program (Section 290B, 2 months’ notice), and serious breach at public or community housing (Section 290A, 7 days’ notice — only available to the State or community housing providers).

Notice Period Summary

Applying Directly to QCAT (Without a Notice to Leave)

Some situations allow you to bypass the Notice to Leave process entirely and apply directly to QCAT for a termination order. Under Section 335, a landlord can make these applications without first giving a notice:

Excessive hardship (Section 295): If you would suffer excessive hardship if the tenancy continued — for example, due to financial difficulty requiring an urgent sale, divorce, or serious illness — you can apply to QCAT for a termination order. The Act does not define “excessive hardship”; QCAT makes a determination on a case-by-case basis.

Damage or injury (Section 296): If the tenant has intentionally or recklessly caused, or is likely to cause, serious damage to the property, or injury to you, your agent, or someone in neighbouring premises, you can apply directly to QCAT. You can also apply for an interim order to restrain the tenant from causing further damage or injury (Section 300).

Objectionable behaviour (Section 297): If the tenant has harassed, intimidated, or verbally abused you, your agent, or a person in neighbouring premises, or is causing a serious nuisance, you can apply to QCAT.

Repeated breaches (Section 299): If you have issued two Notices to Remedy Breach for separate breaches of the same provision, the tenant remedied each one within the allowed period, and the tenant then commits a further breach of the same provision — all within the prescribed period — you can apply directly to QCAT. You do not need to issue a third Notice to Remedy Breach or a Notice to Leave.

Serious breach (Section 297B): Any private landlord can apply to QCAT for a termination order if they reasonably believe the tenant, an occupant, or a guest has used the premises for illegal activity, intentionally or recklessly destroyed or seriously damaged the premises, or endangered another person. You do not need to issue a Form 11 or Form 12 first. However, you must submit a Dispute Resolution Request (Form 16) to the RTA before applying to QCAT.

None of these require a Notice to Leave first, but some require a Dispute Resolution Request to the RTA before the QCAT application.

What Happens If the Tenant Doesn’t Leave

If the tenant does not vacate by the handover day stated in the Notice to Leave, the next step is a QCAT application. Under Section 293, you must apply within 2 weeks after the handover day. Missing this deadline means you would need to start the process again with a new notice.

What QCAT decides depends on the ground:

For unremedied breach (Section 337): QCAT has discretion. It may make the termination order if it is satisfied the landlord has established the ground, the tenant committed the breach, and the breach justifies termination. In deciding whether the breach justifies termination, QCAT may consider the seriousness of the breach, any steps taken by the tenant to remedy it, whether the breach was recurrent, the detriment caused to the landlord, whether the landlord acted reasonably, and any other relevant issues. If the tenant has paid the arrears by the hearing date, QCAT may refuse the order.

For noncompliance with a tribunal order (Section 338): QCAT may make the order if it is satisfied the ground is established and it is appropriate to do so.

For all other Notice to Leave grounds (Section 340): QCAT may make the order if it is satisfied the landlord has established the ground. This includes end of fixed term, sale, owner occupation, demolition, renovations, change of use, non-liveability, compulsory acquisition, and all other grounds listed in Section 340(1)(b). There is less discretion here — if the ground is established, the order follows.

Defects in notices (Section 349): QCAT can make a termination order even if the Notice to Leave contains a defect, provided it is satisfied it is appropriate in all the circumstances. This may save a notice with a minor procedural irregularity, but do not rely on this — substantive errors like the wrong ground or wrong notice period are unlikely to be excused.

The Warrant of Possession

If QCAT makes a termination order, it must also issue a warrant of possession in the landlord’s favour. Under Section 351, the warrant authorises a police officer, or a stated authorised person, to enter the premises and give possession to the landlord. The process is set out in Sections 350–354.

Under Section 353, the landlord must not take possession of the premises other than by the execution of a warrant of possession. Self-help eviction — changing the locks, removing the tenant’s belongings, disconnecting utilities — is prohibited.

Re-Letting Restrictions

Queensland imposes re-letting restrictions on three grounds. After ending a tenancy using any of these grounds, you must not offer the property for a new residential tenancy for 6 months after the handover day:

Sale contract (Section 365B): 6 months. Defence available if you genuinely tried to sell but received no acceptable offers, or circumstances beyond your control prevented the sale.

Change of use (Section 365C): 6 months. Defence available if circumstances beyond your control prevented the change of use.

Owner occupation (Section 365D): 6 months. Defence available if circumstances beyond your control prevented the occupation.

The maximum penalty for breaching a re-letting restriction is 50 penalty units per offence.

False or Misleading Information in a Notice to Leave

Under Section 365A, a landlord or agent must not give a tenant a Notice to Leave containing information the landlord or agent knows is false or misleading in a material particular. This applies specifically to notices for sale contract, significant repairs or renovations, demolition or redevelopment, change of use, and owner occupation.

The maximum penalty is 50 penalty units. There is a defence if the landlord told the tenant how the information was false or misleading and provided the correct information.

Retaliatory Eviction

Section 246A of the RTRA Act prohibits landlords from taking retaliatory action against tenants. Retaliatory action includes giving a Notice to Remedy Breach, a Notice to Leave, or increasing rent in response to the tenant exercising their legal rights — such as requesting repairs, applying to QCAT, or complaining to a government entity.

If a tenant believes a Notice to Leave was given as retaliatory action, they can apply directly to QCAT to have the notice set aside. The tenant must apply within 1 month after becoming aware of the landlord’s action.

As a practical matter, this means you should be cautious about timing. If you issue a Notice to Leave shortly after a tenant makes a repair request or lodges a complaint, the tenant can argue retaliation — even if your reason is legitimate. Make sure you can clearly demonstrate that your ground is genuine and unrelated to any complaint or action by the tenant.

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

Not Using the Approved Form

The Notice to Leave must be on Form 12. A letter, email, or verbal instruction to leave — no matter how clearly worded — is not a valid notice under the Act. QCAT will not make a termination order based on a notice that is not in the approved form.

Issuing a Notice to Leave Without a Prior Notice to Remedy Breach

For unremedied breach grounds (rent arrears and general breaches), you must first issue a Notice to Remedy Breach (Form 11) and wait for the remedy period to expire before issuing the Notice to Leave (Form 12). Skipping the Form 11 step invalidates the process.

Missing the 2-Week QCAT Deadline

If the tenant doesn’t leave by the handover day, you must apply to QCAT within 2 weeks. Miss this window and your Notice to Leave expires — you’ll need to start again with a fresh notice.

Trying to Evict During a Fixed Term Without Grounds

You cannot end a fixed-term agreement early simply because you want the property back. The only grounds that allow termination during a fixed term are unremedied breach, noncompliance with a tribunal order, non-liveability, compulsory acquisition, and direct QCAT applications (damage, injury, hardship, serious breach). Sale, owner occupation, demolition, renovations, change of use, and end of fixed term all require the handover day to fall on or after the agreement end date.

Self-Help Eviction

Changing the locks, removing belongings, cutting off utilities, or physically removing a tenant is illegal under Section 353. Only a police officer or stated authorised person executing a warrant of possession can remove a tenant. There are no exceptions — not even if the tenant is months behind on rent or has been given a valid notice.

Issuing a Notice to Leave as Retaliation

If a tenant has recently requested repairs, complained to a government entity, or applied to QCAT, issuing a Notice to Leave at that point — even on a legitimate ground — invites a retaliation challenge. The tenant has 1 month after becoming aware of the landlord’s action to apply to QCAT to have the notice set aside.

Frequently Asked Questions About Evicting a Tenant in QLD

Can I evict a tenant with no reason in QLD? No. Queensland does not allow landlords to end a periodic tenancy without grounds. Every Notice to Leave (Form 12) must state a specific reason from the list set out in the RTRA Act. For fixed-term agreements, you can give a Notice to Leave for end of fixed term (Section 291), but even this has anti-retaliation restrictions.

How much notice do I need to give a tenant in QLD? It depends on the ground. For rent arrears, 7 days. For general breach, 14 days. For noncompliance with a tribunal order, 7 days. For most other grounds — sale, owner occupation, demolition, renovations, change of use, end of fixed term — 2 months. For non-liveability, the notice takes effect the same day.

What is the difference between Form 11 and Form 12? Form 11 (Notice to Remedy Breach) gives the tenant a chance to fix the problem. Form 12 (Notice to Leave) tells the tenant to vacate. For breach-based evictions, you must issue Form 11 first and wait for the remedy period to expire before issuing Form 12. For other grounds — sale, owner occupation, end of fixed term — you go straight to Form 12.

What happens if my tenant doesn’t leave after the notice period? You apply to QCAT for a termination order within 2 weeks of the handover day. QCAT will hear the matter and, if satisfied the ground is established, make a termination order and issue a warrant of possession. A police officer or stated authorised person will then enforce the warrant.

Can I change the locks if a tenant won’t leave? No. Under Section 353, a landlord must not take possession of the premises other than by the execution of a warrant of possession. Self-help eviction is prohibited regardless of the circumstances.

What is a re-letting restriction? After ending a tenancy for sale, change of use, or owner occupation, you must not offer the property for a new residential tenancy for 6 months. Breaching this restriction is an offence carrying a penalty of up to 50 penalty units.

Can a tenant challenge my Notice to Leave? Yes. A tenant can apply to QCAT to challenge a Notice to Leave on the basis that it constitutes retaliatory action. The tenant must apply within 1 month after becoming aware of the landlord’s action. QCAT can set the notice aside if it finds the notice was retaliatory.

Can I evict a tenant during a fixed-term agreement? Only on limited grounds: unremedied breach, noncompliance with a tribunal order, non-liveability, or compulsory acquisition — or by applying directly to QCAT for damage, injury, excessive hardship, or serious breach. You cannot use sale, owner occupation, demolition, renovations, change of use, or end of fixed term to end the agreement before the term expires.

What if I need to sell the property urgently? If you have already entered into a contract to sell with vacant possession, you can issue a Notice to Leave for sale contract (2 months’ notice). If the situation is truly urgent and you would suffer excessive hardship if the tenancy continued, you can apply directly to QCAT under Section 295 without giving a notice first.

Do I need to go through dispute resolution before applying to QCAT? For most eviction-related applications, no — applications for failure to leave after a Notice to Leave are classified as urgent applications under Section 415 and can be made directly to QCAT without prior dispute resolution. However, for a serious breach application under Section 297B, you must submit a Dispute Resolution Request (Form 16) to the RTA before applying to QCAT.

Summary

Evicting a tenant in Queensland is a structured process with no shortcuts. Every eviction requires a specific legal ground, the correct prescribed form, the correct notice period, and — if the tenant does not leave — a QCAT application within 2 weeks of the handover day. The penalties for false information, re-letting breaches, and self-help eviction are significant.

For the most common eviction scenario — unpaid rent — see our detailed step-by-step guide: Eviction Notice QLD — How to Evict a Tenant for Unpaid Rent.

For a broader overview of Queensland tenancy law, see QLD Rental Laws: What Every Landlord Needs to Know.

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 process guide
• NSW eviction process guide
• 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