Lease expired

In Qld when your lease expires its called a periodic lease that means you are on a month to month lease. Same conditions as before, If you contact the Real Estate agent they will probably put up your rent. However you are more secure on a fixed term lease which is what you were on before. If you want to leave you only need to give 14 days notice. If the Landlord wants you to leave they have to give you 2 months notice.

Hi Clarissa,
If you reside in Victoria, then having no "fixed" term lease means that your lease has now lapsed to a "month-to-month" agreement. All the terms, conditions and responsibilities of the previous lease stay in place (ie. paying rent, keeping the property clean & tidy, landlord completing maintenance etc), but it does mean that the Landlord can now increase the rent with at least 60 days notice given to you, and the lease can be terminated by giving you sufficient notice (Ie. 60 days notice to sell the property or have family members move in, 120 days for no specified reason etc). You can also vacate the property by giving the agent or landlord 28 days notice of this.

Hoping this has helped!

Matthew Poustie - Property Manager - Hockingstuart Mentone Real Estate

I would recommend touching base with your agent. Not all agents are very prompt with addressing leases that are about to expire or have expired. I always contact my landlords at lease 70 days prior to their tenants lease expires to negotiate a renewal for the tenant. You agent may have forgotten to speak to your landlord. Either way, the landlord's required to issue you with a sufficient notice period that will allow you to find another property in time.

Hi Clarissa, what state are you in & I can answer your question appropriately? There are different notice periods state to state that you/ the Landlord have to give but in general, no - you cannot be asked to leave 'without notice'.

You're taking a bit of a risk under the Act,

See 290G Notice to leave for owner occupation

(1)The lessor may give a notice to leave the premises to the tenant if the lessor, or a relative of the lessor, needs to occupy the premises.

(2)A notice to leave under this section is called a notice to leave for owner occupation.

(3)This section does not apply to a residential tenancy that is a short tenancy (moveable dwelling).

291Notice to leave for end of fixed term agreement

(1)The lessor may give a notice to leave the premises to the tenant if the residential tenancy agreement is a fixed term agreement and the notice relates to the end of the agreement.

I'd strongly consider ( in writing ) stating that you have become aware of the lease expiry on ( this date ) and you will be coming into the office to sign a new lease.

In QLD what it means if you do enter into another Fixed Term Agreement is that you are on a periodical tenancy which basically equates to that there is no end date to the tenancy. The tenancy may now end by (a) you providing minimum two week's written notice to your agency to leave or (b) the agency or Lessor provides you as the tenant with two month's written notice to vacate. We recommend connecting with your agency to discuss your lease.

Sandy Buttsworth - Director - Island Sands Asset Management
Phone 07 4973 7783 or email [email protected]

In QLD what it means if you do enter into another Fixed Term Agreement is that you are on a periodical tenancy which basically equates to that there is no end date to the tenancy. The tenancy may now end by (a) you providing minimum two week's written notice to your agency to leave or (b) the agency or Lessor provides you as the tenant with two month's written notice to vacate. We recommend connecting with your agency to discuss your lease.

Sandy Buttsworth - Director - Island Sands Asset Management
Phone 07 4973 7783 or email [email protected]

In QLD what it means if you do enter into another Fixed Term Agreement is that you are on a periodical tenancy which basically equates to that there is no end date to the tenancy. The tenancy may now end by (a) you providing minimum two week's written notice to your agency to leave or (b) the agency or Lessor provides you as the tenant with two month's written notice to vacate. We recommend connecting with your agency to discuss your lease.

Sandy Buttsworth - Director - Island Sands Asset Management
Phone 07 4973 7783 or email [email protected]

In QLD what it means if you do enter into another Fixed Term Agreement is that you are on a periodical tenancy which basically equates to that there is no end date to the tenancy. The tenancy may now end by (a) you providing minimum two week's written notice to your agency to leave or (b) the agency or Lessor provides you as the tenant with two month's written notice to vacate. We recommend connecting with your agency to discuss your lease.

Sandy Buttsworth - Director - Island Sands Asset Management
Phone 07 4973 7783 or email [email protected]

In Qld when your lease expires its called a periodic lease that means you are on a month to month lease. Same conditions as before, If you contact the Real Estate agent they will probably put up your rent. However you are more secure on a fixed term lease which is what you were on before. If you want to leave you only need to give 14 days notice. If the Landlord wants you to leave they have to give you 2 months notice.

In Qld when your lease expires its called a periodic lease that means you are on a month to month lease. Same conditions as before, If you contact the Real Estate agent they will probably put up your rent. However you are more secure on a fixed term lease which is what you were on before. If you want to leave you only need to give 14 days notice. If the Landlord wants you to leave they have to give you 2 months notice.

In Qld when your lease expires its called a periodic lease that means you are on a month to month lease. Same conditions as before, If you contact the Real Estate agent they will probably put up your rent. However you are more secure on a fixed term lease which is what you were on before. If you want to leave you only need to give 14 days notice. If the Landlord wants you to leave they have to give you 2 months notice.