When can I move out?
If you have signed a fixed term lease (or General Tenancy Agreement) with a start and end date clearly indicated in item 5, you are legally committed to pay rent until that end date. It is difficult to break a lease; however if you are forced to do so, please see staff at Accommodation Services as soon as possible for assistance.
Handover day
Handover day is the day that you intend to completely ‘give up’ the property by giving the keys back to the lessor. You should have moved all your belongings out, thoroughly cleaned the premises and honoured any special terms included in your lease agreement (e.g. having carpets professionally cleaned). Remember to have a copy of your Entry Condition Report on hand while you clean – your aim is to hand the property back in the same condition as you accepted it, fair wear and tear excepted. Once the property has been cleaned to your satisfaction, fill in an Exit Condition Report. This form is in triplicate – return two copies of the form and all keys to the property back to your lessor. You can negotiate with your lessor to move your handover day forward – your legal obligation is to pay rent to the end date on your lease, but you can move out earlier providing the entire rent (i.e. to the end date on your lease) is paid in advance.
Inspections
Your lessor has up to three days to inspect the property. He/she may arrange the inspection while you are present and this can be a good arrangement as you can discuss, negotiate and agree to any bond deductions while on the premises. However, the more usual arrangement is for the lessor to inspect the property alone, and then contact you about your bond refund. If you have not heard from your lessor after 4 days, you should contact them. If the lessor believes that there is minor damage to some aspect of the property or it has not been sufficiently cleaned, he/she should give you the opportunity to rectify the matter yourself. The lessor will then re-inspect the premises.
Getting Your Rental Bond Back
| Two possible outcomes when getting your rental bond money back: |
| Undisputed refunds |
If you and your lessor come to an agreement about the amount of bond to be refunded, claiming your bond is a simple matter of taking a Refund of Rental Bond RTA Form 4 signed by the lessor (and all tenants) to the nearest Post Office. Refunds can be provided in cash over the counter, or deposited into a nominated bank account.
|
| Disputed refunds |
If you and your lessor cannot agree on the amount of bond to be refunded, submit your own separate Refund of Rental Bond form by sending it to the RTA (keeping a copy for your own records). Make sure that you put your forwarding address on the form – even if it is your overseas address, as this will allow the RTA to contact you directly. Claim the amount you believe is owed to you. This will automatically begin dispute resolution services by the RTA, which may involve attending a Small Claims Tribunal. It may take up to three weeks for the matter to be resolved by the tribunal. Seek advice from the staff at Accommodation Services about these processes. |
Bond refunds and leaving Australia
If possible, it is better to remain in Australia while your bond refund is being finalised, particularly if you are expecting any problems (eg if there is damage to the property). This will give you the opportunity to negotiate directly with your lessor, carry out any additional repairs or cleaning and attend the Small Claims Tribunal if necessary. DO NOT sign a blank Refund of Bond form as this will give your lessor access to your full bond money. Remember that it is possible to arrange your handover day, inspection and bond refund negotiations before your lease has expired, providing the full rent has been paid in advance. If organised well ahead of time, you should be able to negotiate for your lessor to inspect the property and negotiate your bond on your handover day. If you are forced to continue bond refund negotiations from overseas, you can elect for a friend or relative to act on your behalf. Please contact staff from Accommodation Services for more information.
The General tenancies information on the RTA website is a tenant's guide to the rules for renting in Queensland and includes information about ending a tenancy such as:
- Ending a fixed term agreement
- Ending periodical agreements
- Notice periods
- Moving out
- Cleaning the premises
- Exit condition report
- Bond refunds
- Bond disputes
Also see: Tenancy law in Queensland
Back to top
Your feedback counts
| What did you think about this page or website, was the information helpful? |
  |