A nightmare might just be avoided if you have your paperwork in order. This situation is also highly dependent on the agreement or type of lease you are living under. Generally you cannot be asked to leave unless you have been given a Notice to Remedy Breach and not remedied the situation, you are on a fixed term lease that has come to an end, or on a periodic lease and have been given the correct notice.
- If you are a co-tenant or head-tenant or sub-tenant who has signed a Residential Tenancy Agreement;
- The landlord (or head tenant) must give a notice of termination with the reason stated. The notice period depends on the reason for ending the tenancy. Check this with the RTA as it may differ according to the type of lease and reason. If you are being asked to leave because of a problem you should have received a Notice to Remedy Breach first and been given a chance to fix the problem. (If you have received more than 2 notices in a one year period about the same problem the lessor can apply to the Small Claims Tribunal to end the tenancy without first giving a Notice to Remedy Breach even if you have fixed the problem both times before) If you are being asked to leave “without grounds’ whether you are on a fixed term agreement or a periodic agreement, you must be given 2 months written notice.
- If you have signed a Rooming Accommodation Agreement. ;
- You can be asked to leave immediately if there has been a serious breach of your agreement such as seriously damaging the premises. Generally time periods depend on the situation but if you have been in the accommodation for less than 28 days you may be given as little as 2 days notice to leave. If you are on a periodic agreement you should be given 30 days notice to leave “without grounds”. If you are on a fixed term agreement you should be advised 14 days prior to the end of your agreement that your tenancy will not be continuing .
- For more information about times that you should be given on notices see the RTA fact sheet "Allowing Time When Serving Notices" if you are on a general tenancy. For notice periods in rooming accommodation, see the ‘Ending a Rooming Accommodation Agreement’ Fact Sheet.
- If someone has left your share house without paying rent or finding a new tenant;
- Probably best to get a new housemate asap. As co-tenants you are “individually and jointly liable” for the total rent. Which means, if one person leaves without paying rent, the rest of the tenants have to come up with the cash to cover it.
- If you are a sub-tenant (i.e. name not on the lease) and the head tenant leaves – this is a sticky situation as you have no legal relationship with the landlord. Speak to them straight away if you want to continue living there and to avoid being evicted or liable.
- If they owe you money, you can try and get compensation from the previous tenant but it can be costly and time consuming. Check with your community legal centre about this.
Any enquiries in this circumstance please contact the RTA, Tenants’ Union of Queensland or TAAS immediately. They are experts in this field and can give you personalised advice on your particular situation. If all else fails – come to us! Welfare & Counselling are here to try and help you or International Student Advisor if you're an international student.