Tenants Rent Not Paid
If a tenant doesn't pay all the rent on the day it is due, the following day they are 1 day in arrears. Your Property Manger will send an SMS reminder within (3) days of the rent in arrears date.
The property manager cannot issue a breach notice until the tenant is a certain number of days in arrears. The number varies depending on the type of tenancy agreement.
For general tenancies, if the tenant falls more than 7 days behind in rent, the property manager can issue a "Notice to Remedy Breach" (Form 11), giving the tenant 7 days to pay the outstanding amount.
If the tenant pays the rent within the timeframe their agreement will continue. Keep in mind, any new rent may also be due during the breach notice process.
If the breach notice expires and the rent remains unpaid, the property manager can give the tenant a "Notice to Leave" (Form 12), giving them a minimum of 7 days to move out.
If the tenant wants to dispute the notice they may apply for dispute resolution assistance with the Residential Tenancy Authority.
The tenant may also decide to pay all the rent due and ask the property manager in writing if they can stay. This is up to the owner's discretion.
If the tenant does not move out at the expiry date of the Notice to Leave, the property manager can lodge an urgent application directly with QCAT for an order to end the tenancy. The property manager has 14 days to apply to QCAT from the date the Notice to Leave was issued to the tenant.
QCAT will make an order to end the tenancy and issue a Warrant of Possession.