Ending a tenancy: tips for Mount Isa landlords and tenants
The end of a residential tenancy is a crucial time for both Mt Isa landlords and tenants. It’s important to finish on the right note. Here are our top tips to help you do that. At Jays, we have been helping Mount Isa landlords and tenants to end tenancies as smoothly as possible for over 40 years.
Tip 1: Understand the notice period required
Landlords, property managers or tenants can issue a notice to end a tenancy. It must be done in writing to comply with Queensland residential tenancy law.
When landlords or property managers end a general residential tenancy, different notice periods apply depending on why the tenancy is ending. For example:
- At least 2 months’ notice is required to end a fixed term lease.
- At least 7 days’ notice is required to end a tenancy due to unpaid rent.
- At least 14 days’ notice is required to end a tenancy for a breach of any other lease condition other than unpaid rent.
Landlords or property managers must supply their tenant with a Notice to leave form to end a residential tenancy.
When tenants end a general tenancy, different notice periods also apply depending on why the tenancy is ending. For example, at least 7 days’ notice is required for an unremedied breach of the lease terms and conditions. A Notice of intention to leave form must be supplied to the landlord or property manager.
Tip 2: Understand the vacating process
The vacating process involves a series of steps:
- Step 1: The notice to end the tenancy being given by one party and received by the other with the appropriate minimum notice period.
- Step 2: The tenant should complete an exit condition report for their landlord or property manager.
- Step 3: The tenant should ensure that rent is fully paid, the property is clean and move out on or before the final vacating date, handing over all keys to the landlord or property manager.
- Step 4: The landlord or property manager will inspect the property, comparing its exit condition with the entry condition report. Any issues need to be identified within three business days to avoid any issues with full or partial bond refunds to tenants and/or other potential tenant penalties.
Tip 3: Understand rental bond refund process
The maximum bond a Queensland landlord can currently charge at the start of a tenancy if the rent is less than $700 per week is 4 weeks rent. For properties where the weekly rent is higher, the bond is negotiable and there is no upper limit. The rental bond will have been lodged with the Residential Tenancies Authority (RTA) in Queensland within 10 days of the lease stating to be compliant with Queensland rental legislation.
Rental bond refunds can be requested by tenants, landlords or property managers after the tenancy agreement has ended. They must be made in writing using a Refund of rental bond form and submitted to the Residential Tenancies authority in Queensland. All parties must agree on whether the rental bond is fully, partially or not refunded at all. In the case of a dispute, the RTA can arbitrate if a Dispute resolution request is submitted.
If there is no unpaid tenant rent or tenant-caused property damage, then the rental bond will be returned in full. If there is unpaid rent or tenant-caused property damage, then the landlord is entitled to deduct some or all of the bond as compensation.
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Jays Real Estate has been Mount Isa’s premier residential and commercial real estate agency since 1981.
If you’re thinking about leasing, renting, buying or selling any Mt Isa property, or you need your property professionally managed, then contact our team today for an obligation-free chat!
We’d be happy to provide you with advice and to answer any property questions you have.