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When considering a move from a rental property in Queensland, the RTA 13 form, or Notice of Intention to Leave, plays a crucial role for tenants. This form notifies property owners or managers of the tenant's plan to vacate the premises by a specified date. It is essential for both parties to understand the reasons for issuing this notice, which can include anything from personal circumstances to issues with the property itself. The form allows for notice to be given either with or without grounds, offering flexibility in situations where the tenant may be experiencing unremedied breaches or other complications. Importantly, if a tenant is leaving due to domestic violence, a separate notice is required. Effective communication is key here; if disputes arise regarding the reasons for leaving, tenants can seek assistance from the RTA’s dispute resolution service. Additionally, tenants must adhere to minimum notice periods based on the type of tenancy agreement, ensuring that the process respects the rights of all parties involved. Overall, filling out the RTA 13 form correctly is vital to a smooth transition and can lead to a more amicable resolution of any issues during the moving process.

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Notice of intention to leave (Form 13)

Residential Tenancies and Rooming Accommodation Act 2008 (Sections 302–308, 327 and 331–332)

COVID-19 Emergency Response Act 2020 (Section 24)

Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 (Section 41)

1Address of the rental property

Postcode

2 Notice issued by

1. Full name/s

Forwarding address

 

 

Signature

 

 

 

 

 

 

 

 

 

Postcode

 

 

 

 

 

Phone

Mobile

 

Date

 

 

 

 

Email

 

 

 

 

 

 

 

 

 

 

 

2. Full name/s

 

 

 

 

 

 

 

Forwarding address

 

 

Signature

 

 

 

 

 

 

 

 

 

Postcode

 

 

 

 

 

Phone

Mobile

 

Date

 

 

 

 

Email

 

 

 

 

 

 

 

 

 

 

 

3. Full name/s

 

 

 

 

 

 

 

Forwarding address

 

 

Signature

 

 

 

 

 

 

 

 

 

Postcode

 

 

 

 

 

Phone

Mobile

 

Date

 

 

 

 

Email

 

 

 

 

 

 

 

3Notice issued to

Property owner

Property manager

4Notice issued (See overleaf for grounds/reasons)

without grounds

with grounds (provide details)

If you are leaving due to domestic and family violence, please complete a Domestic and Family Violence Notice ending tenancy.

5Notice issued on

Day

 

Date

 

Method of issue (e.g. email, post, in person)

 

 

 

 

 

 

 

 

 

 

 

 

6I/We intend to vacate the property by midnight on

(Minimum notice periods apply – see overleaf)

Do not send to the RTA—give this form to the property owner/manager and keep a copy for your records.

Note: this form can only be used until 31 December 2020 as stated in section 3 of the Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020.

Level 23, 179 Turbot Street | GPO Box 390 Brisbane Q 4001 | t 1300 366 311 | rta.qld.gov.au

Page 1 of 3 v14 Apr20

Notice of intention to leave (Form 13)

Residential Tenancies and Rooming Accommodation Act 2008 (Sections 302–308, 327 and 331–332)

COVID-19 Emergency Response Act 2020 (Section 24)

Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 (Section 41)

The tenant/s give this notice to the property owner/manager when the tenant/s want to vacate the premises by a certain date.

There may be a number of grounds (reasons) for giving the notice. If the property owner/manager disputes these reasons, they should try to resolve the matter with the tenants first. If agreement cannot be reached, the RTA’s dispute resolution service may be able to assist – phone 1300 366 311.

If tenants are leaving because of an unremedied breach, this notice can only be given after the 7 day remedy period has expired.

If the tenant/s are giving this notice because of an unremedied breach by the owner or manager, please note that this notice does not guarantee that you will be released from the tenancy agreement. You may apply for termination of your lease through the Queensland Civil and Administrative Tribunal (QCAT) under section 309 of the Residential Tenancies and Rooming Accommodation Act 2008.

When serving notices by post, the sender must allow time for the mail to arrive when working out notice periods.

Minimum notice periods

See the list of new and amended grounds for the COVID-19 emergency period.

General tenancies

With grounds

Grounds

Minimum notice

Existing or new ground

 

 

 

The rental property is not in good repair, is unfit to

The day it is given this has to be

New

live in AND this notice is provided within the first 7

within 7 days of taking possession.

Note: this is only applicable during the COVID-19

days of the resident occupying the premises.

 

emergency period until 31 December 2020.

 

 

 

Unremedied breach

7 days

Existing

 

 

 

Non-compliance with tribunal order

7 days

Existing

 

 

 

Non-liveability

The day it is given

Existing

 

 

 

Compulsory acquisition

2 weeks

Existing

 

 

 

Intention to sell

2 weeks

Existing

 

 

 

Without grounds

 

 

 

 

 

Type of agreement

Minimum notice

Existing or new ground

 

 

 

Periodic agreement

2 weeks

Existing

 

 

 

Fixed term agreement

14 days

Existing

A tenant must give at least 14 days notice, unless the property owner/manager has breached the agreement. The tenancy ends on the end date of the

agreement or the end date of the notice period (whichever is longer). Both parties can agree to end a fixed term agreement early but it must be agreed in writing.

 

 

 

Level 23, 179 Turbot Street | GPO Box 390 Brisbane Q 4001 | t 1300 366 311 | rta.qld.gov.au

Page 2 of 3 v14 Apr20

Notice of intention to leave (Form 13)

Residential Tenancies and Rooming Accommodation Act 2008 (Sections 302–308, 327 and 331–332)

COVID-19 Emergency Response Act 2020 (Section 24)

Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 (Section 41)

Moveable dwellings

Without grounds

Type of agreement

Long term

Short-term

Existing or

 

agreement notice

agreement notice

new ground

 

period

period

 

 

 

 

 

The rental property is not in good repair, is unfit to

The day it is given this

N/A

New

live in AND this notice is provided within the first 7

has to be within 7 days

 

Note: this is only applicable during

days of the resident occupying the premises.

of taking possession.

 

the COVID-19 emergency period

 

 

 

until 31 December 2020.

 

 

 

 

Unremedied breach

2 days

n/a

Existing

 

 

 

 

Non-compliance with tribunal order

7 days

1 day

Existing

 

 

 

 

Non-liveability

The day it is given

The day it is given

Existing

 

 

 

 

Compulsory acquisition

2 weeks

1 day

Existing

 

 

 

 

Intention to sell

2 weeks

1 day

Existing

 

 

 

 

Without grounds

Type of agreement

Minimum notice

Existing or new ground

 

 

 

Periodic agreement

2 weeks

Existing

 

 

 

Fixed term agreement

14 days

Existing

 

 

 

A tenant must give at least 14 days notice, unless the property owner/manager has breached the agreement. The tenancy ends on the end date of the agreement or the end date of the notice period (whichever is longer). Both parties can agree to end a fixed term agreement early but it must be agreed in writing.

Level 23, 179 Turbot Street | GPO Box 390 Brisbane Q 4001 | t 1300 366 311 | rta.qld.gov.au

Page 3 of 3 v14 Apr20

Form Characteristics

Fact Name Details
Governing Laws Residential Tenancies and Rooming Accommodation Act 2008, COVID-19 Emergency Response Act 2020, Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020.
Purpose This form serves as a notice for tenants intending to vacate a rental property.
Minimum Notice Periods Tenants must provide a minimum of 14 days’ notice unless the property owner has breached the agreement.
Domestic Violence Provision For tenants leaving due to domestic violence, a specific notice form must also be completed.
Validity This form is valid until December 31, 2020, as outlined in the COVID-19 Emergency Response legislation.

Guidelines on Utilizing Rta 13

Completing the RTA 13 form is a crucial step for tenants who intend to inform their property owner or manager of their decision to vacate a rental property. This process involves providing necessary information, which will facilitate communication between the tenant and property owner or manager.

  1. Begin by locating the address of the rental property. Enter this information in the designated field, including the postcode.
  2. Next, fill out the names of all tenants who are issuing the notice. Provide the forwarding address for each tenant, along with their signature, postcode, phone number, mobile number, and email address.
  3. Indicate whether the notice is directed to the property owner or property manager.
  4. Choose whether the notice is issued with or without grounds. If there are grounds, provide the necessary details.
  5. If applicable, note that if leaving is due to domestic and family violence, a Domestic and Family Violence Notice must be completed.
  6. Enter the date the notice is issued, along with the method of issue (e.g., email, post, or in person).
  7. Specify the date by which you intend to vacate the property. Ensure it is at or after the minimum notice period required.
  8. Once completed, do not send the form to the RTA. Instead, provide the form directly to the property owner or manager, and retain a copy for your records.

What You Should Know About This Form

What is the RTA 13 form used for?

The RTA 13 form is a Notice of Intention to Leave used by tenants who wish to vacate a rental property. This form must be provided to the property owner or manager and indicates the tenant's intention to leave by a specified date. It can be submitted with or without grounds for leaving, depending on the situation. Tenants should maintain a copy for their records.

What are the minimum notice periods required when using the RTA 13 form?

Minimum notice periods depend on the type of tenancy agreement and whether grounds are provided for leaving. For periodic agreements, a minimum of 2 weeks' notice is typically required. Fixed-term agreements require at least 14 days' notice. If the property owner or manager has breached the agreement, the notice period may be shorter. Specific grounds for notice, such as unremedied breaches, follow different requirements and may necessitate a 7-day notice period.

Can the RTA 13 form be used if leaving due to domestic violence?

If a tenant is leaving due to domestic and family violence, they should complete a Domestic and Family Violence Notice ending the tenancy instead of the RTA 13 form. This ensures that appropriate protection measures are followed. It's important to address such situations carefully to ensure safety and compliance with legal requirements.

What should tenants do if their property owner disputes the grounds for leaving?

If a property owner disputes the reasons stated in the RTA 13 form, tenants should attempt to resolve the issue directly with the owner or manager first. If an agreement cannot be reached, tenants may seek assistance from the Residential Tenancies Authority (RTA) dispute resolution service by calling 1300 366 311. Alternatively, tenants can apply to the Queensland Civil and Administrative Tribunal (QCAT) for further action.

Common mistakes

Filling out the RTA 13 form can be a straightforward process, yet many individuals stumble over several common mistakes that may cause issues down the line. One primary error is the failure to provide complete addresses. It’s essential to list both the rental property’s address and the forwarding address meticulously. Omitting even a single detail can create confusion and may hinder effective communication between the tenant and property owner.

Another frequent mistake is not signing the form. A signature is not merely a formality; it signifies that the tenant agrees with the content of the notice and intends to vacate the premises by the specified date. Without a signature, the form may be rendered invalid, complicating the process of terminating the lease.

Many tenants also overlook the importance of specifying the method of issue. The form asks how the notice was delivered—whether through email, posted mail, or in person. This point may seem minor, but providing this information can help establish a clear timeline for when the notice was given, which is essential for confirming compliance with notice periods.

Additionally, some tenants misunderstand the grounds for leaving the property. It’s crucial to either state grounds for vacating or mark the appropriate box if leaving without grounds. This distinction matters because it can affect the tenancy’s legal implications and how much notice is required. The failure to provide specific reasons could prevent tenants from benefiting from certain protections under the law.

Another critical area where mistakes occur is the miscalculation of notice periods. Tenants should be aware of the minimum notice required for their particular situation. This detail can differ significantly based on whether their rental agreement is periodic or fixed-term. Not taking note of these distinctions could lead to unintended breaches of the rental agreement.

Lastly, tenants sometimes neglect to keep a copy of the submitted notice. Retaining a copy ensures that they have proof of the notice given, which can be vital if disputes arise later. Without this record, it may be challenging to affirm the timeline or details surrounding the vacating notice, potentially putting the tenant at a disadvantage.

Documents used along the form

When preparing to vacate a rental property, various forms and documents are often necessary alongside the RTA 13 form. Each serves a distinct purpose in the process of ending a tenancy and ensuring compliance with legal requirements. Below is a list of commonly used forms that facilitate this transition.

  • Form 14: Notice of Breach - This form notifies the property owner or manager of breaches in the tenancy agreement, such as failure to maintain repairs or issues affecting the premises’ livability.
  • Form 19: Notice of Intention to Leave - Similar to the RTA 13 form, this document is used to formally indicate the tenant's intention to vacate the premises by a specific date.
  • Form 6: Request for a Tribunal Hearing - This form is filed when there is a need to seek mediation or intervention from the tribunal concerning disputes around the tenancy.
  • Form 12: Notice to Leave - Issued by the property owner or manager, this document informs the tenant that they are required to leave the property for specified grounds.
  • Form 17: Bond Refund Request - Tenants use this form to request the return of their rental bond after vacating the property, should all conditions of the lease be met.
  • Domestic and Family Violence Notice - This specific notice is employed when a tenant is leaving due to circumstances of domestic violence and requires special consideration during the lease termination.
  • Form 2: Application for a New Tenancy Agreement - If a tenant wishes to extend or modify their current lease, this form is necessary to formalize the changes.
  • Form 11: Rent Increase Notice - Property owners must use this form to formally notify tenants of any changes to rental rates, adhering to the bounds of the tenancy agreement.
  • Form 3: General Tenancy Agreement - This essential document outlines the terms and conditions of the tenancy, including rights and responsibilities of both tenants and property owners.
  • Form 21: Notice of Rent Arrears - This form informs tenants of overdue rent payments and prompts them to settle outstanding debts to avoid further action.

Understanding these forms aids both tenants and property owners in navigating the process of ending a tenancy efficiently and respectfully. Proper documentation helps ensure clarity and protects the rights of all parties involved.

Similar forms

The RTA 13 form, commonly known as the Notice of Intention to Leave, serves as a critical document for tenants wishing to vacate a rental property. Several other forms share similarities with the RTA 13 form in their purpose and use. Below is a list of six such documents:

  • Notice to Quit: This document is issued by a landlord or property owner to terminate a tenant's lease. Similar to the RTA 13, it outlines the intention to end tenancy but is initiated by the property owner rather than the tenant.
  • Lease Termination Agreement: Often signed by both parties, this form acknowledges the mutual decision to terminate a lease. It functions similarly to the RTA 13 by documenting the intention to vacate and the agreements surrounding the end of the tenancy.
  • Eviction Notice: Issued under specific circumstances, this document informs a tenant that they must leave the property. While it is fundamentally different from the RTA 13 in its nature (as it is typically unilateral), both documents address the termination of tenancy.
  • Domestic Violence Restraining Order: When tenants leave due to domestic violence, they often must fill out a specific notice, similar to how the RTA 13 addresses grounds for leaving. Both forms emphasize the necessity of documenting serious situations impacting the tenant's right to occupy their dwelling.
  • Tenancy Termination Notice for Maintenance Issues: If tenants must vacate due to unaddressed maintenance concerns, this document notifies the landlord. Like the RTA 13, it provides grounds for leaving and highlights the importance of ensuring a safe living environment.
  • Intent to Renew Lease Notice: While this document expresses a tenant's desire to extend their lease, it parallels the RTA 13 in formality and the necessity of notice. Both documents play vital roles in the communication process between landlords and tenants regarding tenancy intentions.

Understanding these similar documents can empower both tenants and property owners in navigating their rights and responsibilities effectively during tenancy transitions.

Dos and Don'ts

When filling out the RTA 13 form, it's important to ensure accuracy and compliance with regulations. Here are four essential do's and don'ts to keep in mind.

  • Do ensure that all personal information is complete and accurate. This includes names, addresses, and contact information.
  • Do specify the reasons for leaving the property clearly, whether you are providing notice with or without grounds.
  • Do keep a copy of the completed form for your records before submitting it to the property owner or manager.
  • Do provide appropriate notice according to the type of tenancy agreement you have, ensuring it meets minimum requirements.
  • Don't submit the form to the RTA. Instead, give it directly to the property owner or manager.
  • Don't forget to follow up on your notice to ensure that it was received and acknowledged.
  • Don't leave out any necessary details, such as the date you intend to vacate the property.
  • Don't assume you will be released from your tenancy agreement simply by submitting this notice; further action may be needed if there are disputes.

Misconceptions

Understanding the RTA 13 form, which is a notice of intention to leave a rental property, is crucial for both tenants and landlords. Unfortunately, there are several misconceptions surrounding this form that can lead to confusion. Here are some of the most common misunderstandings:

  • Misconception 1: The RTA 13 form can be submitted at any time without restrictions.
    In reality, this form is valid only until December 31, 2020, during the COVID-19 emergency period. After that date, different rules may apply.
  • Misconception 2: Tenants can vacate the property immediately after submitting the notice.
    That assumption is incorrect. Tenants must give the appropriate notice period based on their agreement type, which can vary from 2 weeks to 14 days.
  • Misconception 3: There are no grounds required to submit the RTA 13 form.
    Actually, the notice can be given with or without grounds. However, if grounds are provided, they must be valid and may need to be resolved with the property owner/manager first.
  • Misconception 4: This form automatically releases tenants from their lease.
    While the form notifies the landlord of the intent to vacate, it does not guarantee an end to the tenancy agreement. Tenants may need to apply to the tribunal for termination.
  • Misconception 5: The notice period can be calculated without considering mail delivery times.
    Incorrect. Tenants must factor in the time it takes for postal delivery when determining notice periods, especially if the notice is sent via mail.
  • Misconception 6: Submitting the RTA 13 form means all issues regarding the property owner or manager are resolved.
    This is not the case. If there are disputes over grounds for leaving, these need to be addressed separately, potentially with the help of a dispute resolution service.
  • Misconception 7: The RTA 13 form is only relevant for residential tenancies.
    This form is applicable to various types of dwelling arrangements, including rooming housing and some moveable dwellings, subject to specific regulations.

By clarifying these misconceptions, tenants and landlords can better navigate their rights and responsibilities when it comes to the RTA 13 form.

Key takeaways

Filling out and using the RTA 13 form, which serves as a Notice of Intention to Leave, involves several key considerations:

  • The form must be submitted to the property owner or manager, not the Residential Tenancies Authority (RTA). Keep a copy for personal records.
  • The form allows tenants to vacate a rental property by providing a notice to the property owner or manager by a certain date.
  • Tenants can issue this notice without grounds or list specific reasons for leaving. If leaving due to domestic violence, a separate notice is required.
  • Notice periods must be respected. Generally, tenants must provide a minimum of 14 days' notice unless there has been a breach of the tenancy agreement by the property owner.
  • If a tenant has experienced an unremedied breach, the notice can only be issued after a seven-day remedy period has expired.
  • In cases of disputes regarding the grounds for leaving, tenants and property owners are encouraged to resolve the matter directly first. If unresolved, the RTA offers dispute resolution assistance.
  • The form can only be used until December 31, 2020, under the COVID-19 Emergency Response regulations, which significantly affect tenancy terms.
  • Properly addressing the notice, including specific details such as the rental property address and tenant information, is crucial for its validity.