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QLD Evicted from Share House - What are My Rights?

Discussion in 'Property Law Forum' started by Bree Curro, 23 July 2014.

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  1. Bree Curro

    Bree Curro Member

    23 July 2014
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    I am 17 and was just given notice that I have to leave the sharehouse my sibling owns due to them having a dispute. I have literally just payed forward 2 weeks of rent and do not have any money nor a back up place to stay.

    What are my rights here?
    Is there a minimum notice required for them to kick me out?
    Can I re-claim my rent?
    Since I am under independent age is there any services that would help me out in this situation?
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
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    Hi Bree,

    The relevant governing legislation is the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) ("RTA"). In particular, Division 5 (procedural requirements). If the lessor (ie. owner) is attempting to terminate your tenancy agreement, they must issue a "notice to leave" to the lessee (yourself). The notice to leave may be without grounds, but it must satisfy the requirements of RTA s 326, namely, it is to be in writing and signed by the lessor. The time frame is set out in RTA s 329. The lessor must allow a minimum of 2 months from the date of notice (RTA s 329(j), (k)). This applies for both a periodic and fixed-term agreement. Where it is a fixed-term agreement, you can be required to leave at the end of the fixed term, where this is shorter than the otherwise specified 2 months from notice.

    You are obliged to continue paying rent during these two months.

    You can contact the Residential Tenancies Authority in Queensland for further enquiries or to lodge a complaint. The Residential Tenancies Authority investigates breaches of the RTA. Investigations and assistance is free.

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