Periodic Tenancy Queensland Landlord: How to End a Month-to-Month Lease
What a Periodic Tenancy Is
A periodic tenancy in Queensland runs indefinitely — week to week or month to month — with no fixed end date. It arises either by agreement from the start or, more commonly, when a fixed-term lease expires without either party serving a notice or signing a new agreement. Under section 70 of the RTRA Act, the rollover is automatic and the existing terms carry forward.
Why It Matters for Landlords
A periodic tenancy gives the landlord access to grounds that are not available during a fixed term, but it also means the tenant can stay indefinitely unless the landlord follows the correct termination procedure. There is no "end of agreement" date to anchor to — the landlord must actively select a ground, serve Form 12, and wait out the notice period.
Available Grounds and Notice Periods
| Ground | Notice Period | Prerequisite |
|---|---|---|
| Sale contract (s 286) | 2 months | Form 10 served; binding contract of sale with vacant possession clause |
| Owner/family occupation (s 290G) | 2 months | Genuine intention; statutory declaration recommended |
| Significant repair (s 290D) | 2 months | Repairs or renovations cannot be safely carried out while occupied; the RTA recommends supporting Form 12 with evidence |
| Demolition/redevelopment (s 290C) | 2 months | The lessor requires the premises vacant for planned demolition or redevelopment |
| Change of use (s 290E) | 2 months | Planning approval for non-residential conversion |
| Unremedied rent arrears (s 281) | 7 days | Form 11 served; rent still unpaid after 7 clear remedy days |
| Unremedied general breach (s 281) | 14 days | Form 11 served; breach unremedied after 14 clear days |
| Non-compliance with QCAT order (s 282) | 7 days | QCAT order already issued and not complied with |
| Non-liveability (s 284) | Immediate | Property destroyed or unfit; notice within 1 month of event |
The "end of fixed term" ground (s 291) is not available for periodic tenancies because there is no fixed term to end.
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The Sale Ground Is Periodic-Only
Section 286 — termination following a contract of sale — can only be used for periodic tenancies. If you sell a property during a fixed term, the buyer takes the property subject to the existing lease. To show the property to prospective buyers, serve Form 10 before or with the Form 9 entry notice; a binding contract of sale with a vacant possession clause is also required before serving Form 12 for the sale ground. A Form 10 is not required before marketing the property.
How to End a Periodic Tenancy
- Select your ground — the reason must be genuine. After a tenancy ends under the sale, change-of-use, or owner-occupation ground, sections 365B–365D prohibit offering another residential tenancy for six months after the handover day, subject to the statutory defences for an unsuccessful sale, a change of use beyond the lessor's control, or an occupant who no longer needs or is unable to occupy. Other purpose-based grounds require the stated purpose to be genuine.
- Serve Form 12 (Version 27, May 2025) with the correct ground ticked and factual details included.
- Calculate the handover date using clear-day rules, adding postal transit time if serving by mail.
- Wait — the tenant may vacate early by serving a Form 13 with at least 14 days' notice, which ends their rent liability on the earlier date.
- If the tenant doesn't leave, file at QCAT within 14 days of the handover date.
Can the Tenant End a Periodic Tenancy
The tenant can terminate a periodic tenancy without grounds by serving a Form 13 Notice of Intention to Leave with at least 14 days' notice (general tenancies). The parties may agree in writing to an earlier date. No ground is required from the tenant's side.
The Ending a Tenancy in Queensland guide covers both periodic and fixed-term terminations with the notice period tables, clear-day calculations, and evidence requirements for each ground.
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