How do I evict a tenant in Queensland for unpaid rent?

The Legal Process for Rent Arrears

In Queensland, the eviction process is strictly governed by the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). If you skip a step or issue an incorrect notice, the legal delay can cost you thousands in lost rent.

Step 1: The 7-Day Wait

You cannot take formal action until the tenant is more than 7 days in arrears. On the 8th day of unpaid rent, you can proceed to Step 2.

Step 2: Form 11 Notice to Remedy Breach

You must serve the tenant with a RTA Form 11 (Notice to Remedy Breach). This gives the tenant a minimum of 7 clear days to pay the outstanding rent.

• Note: If you send this by post, you must allow extra time for delivery (usually 3-4 business days).

Step 3: Form 12 Notice to Leave

If the rent remains unpaid after the expiry of the Form 11, you can serve a RTA Form 12 (Notice to Leave). This gives the tenant a minimum of 7 days to vacate the property.

Step 4: The QCAT Application

If the tenant refuses to leave after the Form 12 expiry date, you must not change the locks or physically remove them. Doing so is an offence. You must apply to the Queensland Civil and Administrative Tribunal (QCAT) for:

1. An order terminating the tenancy.
2. A Warrant of Possession (which authorizes the police to remove the tenant).

Common Landlord Mistakes

• Self-Help Evictions: Changing locks without a warrant is illegal and can lead to heavy fines and compensation claims from the tenant.
• Incorrect Dates: If the notice period on your Form 11 or Form 12 is even one day short, QCAT may dismiss your application entirely, forcing you to start the process from the beginning.
• Incomplete Paperwork: Ensure your rent ledger is flawlessly accurate before attending a hearing.

Need help with a difficult tenant or a QCAT hearing? Contact Bell & Senior today. We provide fixed-fee advice for landlords to ensure their investment is protected.

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