Rent arrears in QLD: what a landlord can do, in what order, and on which day
The sequence, step by step
- Day the rent was due, unpaid. Nothing formal happens yet. A reminder text or email is sensible and allowed. Write down the date.
- The next day the tenant is 1 day in arrears. The RTA counts arrears from the day after the due date, not from the due date itself.
- More than 7 days behind: Notice to remedy breach (Form 11). This is the first formal step and it cannot be skipped. The form states how much is owing and gives the tenant at least 7 days to pay it (5 days in a caravan park). You keep a copy; it is not sent to the RTA.
- The remedy date passes. If the tenant paid everything owing by midnight on the remedy date, the agreement continues and the process stops. If not, you can move to the next notice. Remember that more rent will usually have fallen due while the Form 11 was running.
- Notice to leave (Form 12) for unremedied breach, rent arrears. At least 7 days notice. The handover day you write on it is the last day of that period.
- Tenant still there after the handover day: QCAT. Apply urgently to QCAT for a termination order within 14 days after the handover day. You will need to show the arrears and the notices. Do not change the locks, cut services or remove belongings; only the police can enforce a warrant of possession.
Source: RTA, Non-payment of rent, RTA, Notice to remedy breach (Form 11), version v14 dated 6 June 2024 and RTA, Notice to leave (Form 12), version v27 dated 1 May 2025
Work out every date in the sequence
Tell it where you are up to and it gives you the earliest day for each remaining step, using the RTA's counting rules: the day a notice is given is not counted, the tenant has the whole of the last day, and a last day on a weekend moves to the next business day.
A date helper, not legal advice. It assumes each notice is given on the earliest possible day and received the same day. It does not know Queensland public holidays, so if a last day lands on one, that step moves to the next business day. Minimum periods only: a few extra days on each notice costs you little and protects the whole sequence if the tenant disputes a date.
How the days are counted
The same rules apply to the Form 11 and the Form 12. They come from the RTA's fact sheet on allowing time when serving notices, and most failed arrears cases fail here.
- The day you give the notice is not counted. A 7-day Form 11 handed over on Monday 3 November has day 1 on Tuesday 4 November and its last day on Monday 10 November.
- The tenant gets the whole last day. A notice expires at midnight. The tenant can pay at 11pm on the remedy date and the breach is remedied. You give the Form 12 the next day at the earliest, never on the remedy date itself.
- Weekends and public holidays push the date out. If the last day lands on a Saturday, Sunday or Queensland public holiday, the end of the period moves to the next business day.
- Post starts counting the day after the letter arrives. The RTA does not fix a number of postal days; it tells you to allow for Australia Post delivery times in your area. Across 2 posted notices that can add 1 to 2 weeks to the sequence.
- Email and text count on arrival, but only if the tenant agreed in the tenancy agreement to receive notices electronically. An email is taken to be received when it reaches the tenant's mail server.
Source: RTA, Allowing time when serving notices
If the tenant pays
- Paid in full before the Form 11 remedy date: the agreement continues and no further action is needed.
- Paid in full after the Form 12 is given: the RTA says the tenant may pay all the rent due and ask you in writing if they can stay. Whether they stay is your decision. If you agree, put it in writing. If you do not, the Form 12 stands and the handover day still applies.
- Part payment: the RTA's pages do not set out a rule for part payments during the notice period. Before you accept a part payment and keep relying on the dates, call the RTA on 1300 366 311 or get advice, and get any arrangement in writing.
- New rent during the process: rent keeps falling due while the notices run. Keep your ledger up to date so the amount on each notice is right on the day you give it.
Source: RTA, Non-payment of rent
The mistakes that send you back to the start
- Giving the Form 11 too early. 7 days behind is not more than 7 days behind. A notice given a day early is open to challenge, and the easiest fix is to wait 1 more day.
- Giving the Form 12 on the remedy date. The tenant has until midnight. Give it the next day or later.
- Skipping the Form 11. A Notice to leave for rent arrears is only valid if a Notice to remedy breach was given first and expired unremedied.
- Counting the day you served the notice as day 1. It is day 0.
- Posting notices and counting from the postmark. Counting starts the day after arrival, and you carry the burden of showing when it arrived. Hand delivery or email (if agreed) is far easier to prove.
- Taking matters into your own hands. Changing locks, removing doors, switching off power or removing belongings is not allowed and can cost you far more than the arrears. Only the police can enforce a QCAT warrant of possession.
- Missing the 14-day QCAT window. The RTA says the urgent application must be made within 14 days after the handover day. Diary that date the day you give the Form 12.
Source: RTA, Tenant breaches the agreement and RTA, Non-payment of rent
Paperwork that wins at QCAT
QCAT will want to see that the arrears were real, that each notice was valid and that each was given on a day you can prove. Keep:
- A rent ledger. The RTA's example ledger has 5 columns: receipt number, date rent due, date rent paid, amount paid and the period the rent covered. A bank statement alone does not show what period a payment covered.
- A copy of each notice exactly as given, with the amount and dates filled in and signed.
- Proof of service for each notice: a dated photo of the notice at the property, the sent email with its timestamp, or the postage record. Note the date the tenant received it.
- Your reminder messages before the Form 11. They are not required, but they show you acted reasonably.
Source: RTA, Non-payment of rent (example rent ledger)
A simple plan for a self-managing landlord
- The day after rent is missed, send a friendly text. Most arrears end here.
- Diary the day that is more than 7 days after the due date. If still unpaid, give the Form 11 by hand or email that day, with the amount owing as of that day.
- Use the calculator above and diary the day after the remedy date. Check the ledger that morning. If the full amount is not in, give the Form 12 for unremedied breach, rent arrears.
- Diary the day after the handover day. If the tenant has not left, apply to QCAT that week, well inside the 14 days.
- Talk to the tenant throughout. A written repayment arrangement you are happy with is often better than a vacant property with a bond that does not cover the arrears.
The remedy date is 1 of about 30 dates you are meant to track
Notice periods, rent increase dates, inspection windows, smoke alarm tests, bond lodgement, fixed-term end dates. The free Landlord Minder checklist puts every Queensland date and obligation on 1 page with a link to the official source for each.
Read the free checklist Get reminded before each dateFrequently asked
Rent is 3 days late. Can I give a breach notice now?
No. The Form 11 for unpaid rent can only be given once the tenant is more than 7 days behind. Until then, a reminder is the right step.
Can I give the Form 12 on the same day the Form 11 runs out?
No. The tenant has until midnight on the remedy date to pay. The earliest day for the Form 12 is the day after the remedy date.
The tenant paid most of it. Do I start again?
The RTA's public pages do not say what a part payment does to the notice. Call the RTA on 1300 366 311 before you act, and put any arrangement you agree to in writing.
Can I just change the locks after the handover day?
No. If the tenant has not left you apply to QCAT within 14 days after the handover day. Only the police can enforce a warrant of possession.
What about a tenant who is always a few days late but never more than 7?
That is not rent arrears you can give a Form 11 for. Repeated late payment is a different conversation, and the RTA's page on repeated breaches is the place to start.
Do these rules apply to rooming accommodation?
No. Rooming accommodation uses Forms R11 and R12 with their own periods. This page covers general tenancies.
Related: Notice to leave periods for every reason and the handover day calculator · Entry notice rules and the 2 entries in 7 days cap after a Form 12 · Every Queensland rental law change from 2022 to 2027, in date order