Can You Break a Lease Due to Hardship in Queensland?

Financial problems, serious illness, an unexpected family emergency or a major change in personal circumstances can make it impossible to continue a fixed-term tenancy.

In Queensland, a tenant who would suffer "excessive hardship" if their tenancy continued may apply to the Queensland Civil and Administrative Tribunal, known as QCAT, for an order ending the agreement early.

This is not the same as simply notifying the property manager that you intend to leave. QCAT must be satisfied that the circumstances amount to excessive hardship before it can make a termination order.

Even when QCAT agrees to end the tenancy, it may still order the tenant to compensate the property owner for some of the financial loss caused by the early termination.

For official information, see the Residential Tenancies Authority guidance on excessive hardship.

The short answer

Yes, you may be able to break a lease because of hardship in Queensland.

Under section 310 of the Residential Tenancies and Rooming Accommodation Act 2008, a tenant may apply to QCAT for a termination order if the tenant would suffer excessive hardship if the agreement were not terminated.

Excessive hardship applications are classified as urgent tenancy disputes. This means the tenant can apply directly to QCAT without first completing the RTA dispute resolution process.

However, "urgent" is a legal classification. It does not necessarily mean QCAT will hear or decide the application immediately.

Before starting an application, consider whether the situation could be resolved more quickly through a written agreement with the property owner or property manager.

What does "excessive hardship" mean?

Queensland tenancy legislation does not provide a fixed definition of excessive hardship.

Instead, QCAT considers the individual facts of each application. The person applying must show how they would suffer excessive hardship if the tenancy agreement remained in place.

The RTA gives examples of circumstances that may amount to excessive hardship, including:

• Losing a job and becoming unable to pay the rent.
• Being required to relocate for work.
• Experiencing a severe physical illness.
• Experiencing a severe mental illness.
• Other serious circumstances that make continuing the tenancy unreasonable or unmanageable.

These examples are not automatic grounds for ending a tenancy. A tenant still needs to explain their circumstances and provide evidence supporting the application.

QCAT then decides whether the hardship is sufficiently serious.

The focus is on what happens if the tenancy continues

A hardship application should not simply state that the tenant is experiencing difficulty.

It should clearly explain:

• What has changed since the agreement was entered into.
• Why the change was serious or unavoidable.
• How continuing the tenancy would affect the tenant.
• Why the problem cannot reasonably be managed while the lease remains in place.
• What steps the tenant has taken to resolve the situation.
• Why other options, such as a transfer or negotiated termination, are not suitable or have not worked.

The more clearly the evidence connects the circumstances to the need to end the tenancy, the easier it will be for QCAT to understand the application.

Is being unable to afford the rent enough?

Being unable to afford the rent can be relevant, but financial difficulty does not automatically result in a hardship termination order.

The RTA identifies job loss followed by an inability to pay rent as an example of circumstances that may amount to excessive hardship. However, QCAT still considers the complete situation.

There can be an important difference between:

• Rent becoming inconvenient or placing pressure on a household budget.
• A serious and documented financial change that makes continuing the tenancy genuinely unsustainable.

For example, a tenant may have stronger evidence of excessive hardship where they have unexpectedly lost their employment, exhausted available savings, applied for income support and can demonstrate that their essential expenses now exceed their income.

By comparison, stating only that the property is too expensive, without supporting financial information or evidence of changed circumstances, may provide QCAT with less information on which to make a decision.

Relevant financial evidence may include:

• A termination or redundancy letter.
• Evidence of substantially reduced working hours.
• Centrelink statements.
• Recent payslips.
• Bank statements.
• A household budget.
• Evidence of essential medical or family expenses.
• Correspondence with a financial counsellor.
• Evidence that the tenant attempted to negotiate with the property manager.

Private financial information should only be provided where it is relevant. Account numbers and unrelated transactions may be redacted where appropriate, provided the remaining document still supports the application.

What medical circumstances may qualify?

A serious physical or mental health condition may support an excessive hardship application where it prevents the tenant from reasonably continuing with the agreement.

Examples could include circumstances where:

• The tenant must relocate to access treatment or family care.
• The property is no longer suitable because of a disability or medical condition.
• The tenant can no longer live independently.
• Continuing to live at the property is worsening a serious health condition.
• The tenant needs to move into supported accommodation.
• Medical expenses have created severe financial hardship.

A diagnosis by itself may not fully explain why the tenancy must end.

The evidence should, where possible, describe the practical effect of the condition and why continuing the agreement would cause serious hardship.

Possible evidence may include:

• A letter from a treating doctor.
• A medical certificate.
• A letter from a psychologist, psychiatrist or other registered health professional.
• Hospital admission or discharge information.
• Evidence of treatment that requires relocation.
• A support worker's statement.
• Documentation relating to supported accommodation or care arrangements.

The document does not necessarily need to disclose every detail of the person's medical history. It should provide enough relevant information for QCAT to understand the effect of the condition on the tenancy.

Can a family emergency amount to excessive hardship?

A serious family emergency may potentially support an application, depending on its nature and effect.

Examples might include:

• Needing to relocate to provide full-time care to a seriously ill relative.
• The death or serious illness of a close family member.
• Becoming responsible for a child or dependent at short notice.
• A sudden family breakdown that significantly changes the tenant's financial or living arrangements.
• Needing to move interstate or overseas because of urgent family responsibilities.

QCAT will consider the evidence and the specific impact of the event.

A general preference to move closer to family is unlikely to carry the same weight as a documented emergency requiring the tenant's immediate involvement.

When does QCAT become involved?

A tenant can apply to QCAT when they want a legally binding order ending the tenancy because continuing it would cause excessive hardship.

An excessive hardship termination is an urgent tenancy dispute. The tenant does not need to complete RTA conciliation before lodging the application.

Applications can generally be lodged through QCase, QCAT's online portal, using the residential tenancy dispute application process.

The relevant legislation is section 310 of the Residential Tenancies and Rooming Accommodation Act 2008.

QCAT will consider whether the tenant has established excessive hardship. If satisfied, it may make a termination order and decide the date on which the tenancy ends.

Before lodging an application, review:

• The QCAT residential tenancy disputes page.
• The RTA excessive hardship page.
• QCAT's current residential tenancy application requirements.
• QCAT Practice Direction No. 4 of 2023.
• The current version of the Residential Tenancies and Rooming Accommodation Act 2008.

Application forms, processes and fees may change, so always use the current QCAT information rather than an old saved form.

What evidence should be included?

QCAT requires applicants to support their claims with relevant evidence.

Documents that may be relevant to a tenancy termination application include:

• The signed tenancy agreement.
• Relevant notices sent or received.
• The tenancy rent ledger.
• Emails or correspondence about the dispute.
• Condition or inspection reports, where the condition of the property is relevant.

Documents filed with QCAT should be appropriately titled, organised and page numbered.

Additional documents may also need to be provided to the other party before the hearing in accordance with QCAT's directions.

For an excessive hardship application, the tenant should also consider evidence directly supporting the hardship.

Evidence of financial hardship

Financial evidence may include:

• Employment termination or redundancy documents.
• Evidence of reduced hours or income.
• Centrelink or income support records.
• Payslips and bank statements.
• A realistic income and expenses statement.
• Evidence of unavoidable medical, care or family costs.
• Correspondence with a financial counsellor.

Evidence of illness or disability

Medical or health evidence may include:

• A letter from a doctor or treating health professional.
• Medical certificates.
• Evidence of hospitalisation or treatment.
• A statement explaining how the condition affects the tenant's ability to remain in the property.
• Evidence of alternative care or accommodation arrangements.

Evidence of a work relocation

Employment evidence may include:

• A letter from the employer.
• A new employment contract.
• Evidence showing when the relocation is required.
• Information explaining why commuting or maintaining the tenancy is not reasonably possible.

Evidence of a family emergency

Family-related evidence may include:

• Relevant medical or care documents.
• Funeral or bereavement information.
• A statutory declaration.
• Evidence of new caring responsibilities.
• Travel or relocation documentation.

Evidence of attempts to find another solution

It may also help to include:

• A written request for a mutual termination.
• The property manager's response.
• A request to transfer the tenancy.
• Details of any proposed replacement tenant.
• Evidence that the tenant cooperated with inspections or reletting.
• A proposed moving and key-return date.

The aim is not to overwhelm QCAT with paperwork.

The evidence should be organised, relevant and directly connected to the hardship being claimed.

Can QCAT still order compensation?

Yes.

A hardship termination order does not automatically provide a cost-free exit from the tenancy.

The RTA states that QCAT may decide whether another order is appropriate, including an order for compensation.

For example, QCAT may require the tenant to compensate the property owner for some lost rent or reletting costs.

Queensland legislation allows QCAT to make another order it considers appropriate when making an excessive hardship termination order, including compensation for the other party's loss of the tenancy.

The amount, if any, will depend on the circumstances and the orders sought.

Factors that may be relevant include:

• The date the tenancy ends.
• The rent payable under the agreement.
• How quickly the property can be relet.
• The actual loss experienced by the property owner.
• Steps taken to minimise the loss.
• The tenant's circumstances.
• The terms and commencement date of the tenancy agreement.

A hardship order should not be treated as a guarantee that no break lease costs will apply.

Use the Queensland break lease calculator to obtain a general starting estimate.

You can also read How Much Does It Cost to Break a Lease in Queensland? for a detailed explanation of reletting costs and compensation.

The calculator provides an estimate only. It cannot predict what compensation QCAT may order in an individual hardship case.

Should you keep paying rent while waiting for QCAT?

Do not assume that lodging a QCAT application immediately ends the tenancy or suspends the obligation to pay rent.

Unless the parties reach a written agreement or QCAT makes an order, the tenancy agreement generally remains in effect.

Stopping rent payments without an agreement or order may result in:

• Rent arrears.
• A breach notice.
• A claim against the rental bond.
• A compensation claim.
• Additional issues being raised at the QCAT hearing.

A tenant who cannot maintain payments while waiting should obtain tenancy or legal advice promptly.

Alternatives to a hardship application

A QCAT application is not the only way to end a fixed-term agreement early.

Depending on the situation, one of the following options may be quicker or less stressful.

Negotiate a mutual termination

The tenant and property owner can agree in writing to end the tenancy on a particular date.

The written agreement should address:

• The termination date.
• The key-return date.
• Rent payable up to that date.
• Any agreed compensation.
• Inspections and advertising.
• Cleaning and property condition.
• The bond refund.
• Whether either party can make further claims.

A clear written agreement can provide certainty without requiring a tribunal hearing.

Transfer the tenancy

A tenant may ask for approval to transfer their interest in the tenancy to another suitable person.

The property owner or manager will usually need to assess and approve the proposed tenant.

The transfer is not complete simply because the outgoing tenant has found someone willing to move in.

Do not hand over keys or accept money from a replacement tenant without completing the correct process.

Follow the standard break lease process

A tenant may choose to give written notice and end the tenancy through the ordinary break lease process rather than applying to QCAT.

This may involve a Notice of intention to leave, commonly called Form 13, and potential reletting costs.

See How to Break a Lease in Queensland: A Step-by-Step Guide for the full process.

Ask for a temporary arrangement

Where the hardship may be short term, the tenant could ask about:

• A temporary payment arrangement.
• A short extension to a rent due date.
• Adding or replacing a tenant.
• A negotiated move-out date.
• Ending the agreement once a replacement tenant is approved.

The property owner is not required to accept every proposal, but an early written conversation may prevent the situation from becoming more difficult.

Domestic and family violence has a separate tenancy process

A renter experiencing domestic and family violence should not assume that the ordinary hardship or break lease process is their only option.

Queensland has specific tenancy protections for people who no longer feel safe remaining in a rental property because of domestic and family violence.

A tenant may be able to move out immediately and give the property manager or owner seven days' notice using a Notice ending tenancy interest due to domestic and family violence, known as Form 20, together with supporting evidence.

The RTA states that a person using this process is not responsible for costs associated with ending their agreement or interest in the agreement, including reletting costs.

Rent remains payable for the seven-day notice period. Unrelated liabilities, such as existing rent arrears, may still need to be resolved.

Read the official RTA guide to leaving a tenancy due to domestic and family violence before taking action.

Queensland domestic and family violence support

In immediate danger: Call 000.

DVConnect Womensline: Call 1800 811 811, 24 hours a day, seven days a week.

DVConnect provides crisis counselling, safety planning, emergency transport, referrals and assistance accessing safe accommodation across Queensland.

Visit the DVConnect Womensline website.

1800RESPECT: Call 1800 737 732, 24 hours a day, seven days a week, for confidential domestic, family and sexual violence counselling and support.

Visit the 1800RESPECT website.

Women's Legal Service Queensland: Call 1800 957 957, Monday to Friday, 9:00am to 4:30pm AEST, to enquire about free legal advice and support.

Visit the Women's Legal Service Queensland website.

The Queensland Government also provides a local domestic and family violence support service finder.

For tenancy-specific information, contact the RTA on 1300 366 311.

A practical hardship application checklist

The bottom line

A Queensland tenant may apply to QCAT to end a tenancy early where continuing the agreement would cause excessive hardship.

There is no automatic definition or guaranteed outcome.

The tenant must provide evidence showing why the circumstances are serious and why the tenancy cannot reasonably continue.

QCAT may:

• End the tenancy.
• Set the termination date.
• Refuse the application.
• Make an additional order.
• Require compensation to be paid.

Before applying, consider whether a written mutual termination or approved tenancy transfer could resolve the situation more quickly.

Start by reviewing:

• The RTA excessive hardship information.
• The QCAT residential tenancy dispute process.
• Your signed tenancy agreement.
• The current QCAT filing requirements.

You can also estimate your possible Queensland break lease cost or return to the TenantTools homepage.