Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 362

362 Duty to mitigate loss or expense

(1) This section applies to the lessor if the lessor incurs loss or expense because of—

(a) the tenant’s failure to hand over vacant possession of the premises after a termination order is made by a tribunal; or

(b) the tenant’s abandonment of the premises; or

(c) another act or omission of the tenant.

(2) This section applies to the tenant if the tenant—

(a) incurs loss or expense because of an order made by a tribunal or registrar declaring that the tenant abandoned the premises on a stated day; and

(b) contends that the premises were not abandoned or were only abandoned on a day after the day stated.

(3) The lessor or tenant—

(a) must take all reasonable steps to mitigate the loss or expense; and

(b) is not entitled to receive compensation for any loss or expense that could have been avoided by taking the steps.