Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 278

278 Acceptance of rent does not operate as waiver of tenant’s breach

(1) If the lessor makes a demand for, takes a proceeding for the recovery of, or accepts, rent payable under the agreement, the lessor’s action—

(a) does not operate as a waiver of—

(i) a breach of the agreement by the tenant; or

(ii) a notice to leave given to the tenant by the lessor for an unremedied breach; and

(b) is not evidence of the creation of a new tenancy.

(2) Despite subsection (1) , if the lessor gives the tenant a notice to remedy breach under section 280 for a breach of the agreement relating to a failure to pay rent, acceptance by the lessor of the total amount of rent required under the notice to be paid to remedy the breach operates as a waiver of the breach.

(3) Subsection (2) applies only if the amount mentioned in the subsection is tendered by the tenant to the lessor within the allowed remedy period.