Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 327

327 Notice of intention to leave

(1) A notice of intention to leave premises must—

(a) be in the approved form; and

(b) be signed by or for the tenant; and

(c) identify the premises; and

(d) state the tenant intends handing over vacant possession of the premises to the lessor on the day stated in the notice (the
"handover day" ); and

(e) state—

(i) the ground on which the notice is given; or

(ii) that the notice is given without ground; and

(f) unless the notice is given without ground—give particulars of the ground on which the notice is given.

(2) The handover day stated in the notice of intention to leave must not be before the end of the minimum notice period for the notice.

(3) Also, for a notice of intention to leave for end of short tenancy (moveable dwelling), the handover day must be the last day of—

(a) the base period; or

(b) if a short tenancy (extension) statement has been made—the extended period.

(4) A notice of intention to leave given for a periodic agreement is not ineffective because the handover day is not—

(a) the last day of a period of the tenancy; or

(b) another day the tenancy would have ended if this Act had not been enacted.

Note—

See also section 349 (2) .

(5) A notice of intention to leave given for a fixed term agreement is not ineffective merely because the handover day is earlier than the day the term ends unless the minimum notice period for the notice must not end before the day the term ends.

(6) Subsection (5) does not prevent a notice of intention to leave being given to a lessor at any time before the end of the term of the fixed term agreement.

(7) In this section—

"minimum notice period" , for a notice of intention to leave, means the notice period stated for the notice in schedule 1 , part 2 .