Queensland Consolidated Acts
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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 375
Power to remove resident
375 Power to remove resident
(1) This section applies if—
(a) a provider has given a resident a notice
under this part requiring the resident to leave the rental premises and the
due day for leaving has passed; or
(b) a provider has given a resident a
notice under this part terminating the rooming accommodation agreement and the
agreement has ended.
(2) If the resident refuses to leave the premises, it is
lawful for the provider and anyone helping the provider to use necessary and
reasonable force to remove the resident and the resident’s property from the
(3) However, the provider or someone helping the provider
may use force under subsection (2) only while a police officer is present.
See the Police Powers and Responsibilities Act 2000 , section 611 .
(4) For exercising a power under subsection (2) , the provider or other
person may enter the resident’s room.
(5) The force that may be used under
subsection (2) does not include force that is likely to cause bodily harm to
the resident or damage the resident’s property.
(6) In this section—
"bodily harm" means any bodily injury that interferes with health or comfort.
"due day" , for leaving rental premises, means—
(a) for a notice requiring a
resident to leave by a stated day—the stated day; or
(b) for a notice
requiring a resident to leave immediately—the day on which the notice is
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