Queensland rent increase rules, explained
How often your rent can go up, how much notice you need, and what to do if the increase is too early or too high.
Short version: in Queensland, rent can go up only once every 12 months for the property, and you need at least 2 months' written notice (4 weeks for a room in a rooming house). There's no cap on the amount, but you can dispute an excessive increase within 30 days.
1. Once every 12 months, per property
Rent can't be increased unless it's been at least 12 months since the current amount of rent became payable. The rule follows the property, not the tenant. If the rent went up for the previous tenant, or under a previous agent or owner, in the last 12 months, that increase still counts.
Increasing rent sooner than 12 months is an offence under Queensland law, with a maximum penalty of 20 penalty units. You can ask the Residential Tenancies Authority (RTA) to investigate.
Your tenancy agreement must include the date of the last rent increase. You can also ask your agent or owner in writing for proof of that date, and they must give it to you within 14 days. If the property is being rented for the first time, the "last increase" date is the date the agreement started.
2. How much notice you need
| Type of rental | Minimum notice | Form |
|---|---|---|
| House, unit or townhouse (general tenancy) | 2 months | In writing |
| Room in a rooming or boarding house | 4 weeks | In writing |
| New agreement you sign at a higher rent | No separate notice needed | The new agreement itself |
The notice should state the new rent, the day it takes effect, and the date the rent was last increased for the property.
3. The rules for your type of lease
Periodic lease (no end date)
Rent can go up once at least 12 months have passed since the current rent became payable, and you've had the required written notice. If your fixed term is about to end and roll into a periodic lease, the notice can be given before or on the day the periodic lease starts, and the new rent can apply from that day.
Fixed-term lease (partway through)
Rent can't go up during a fixed term unless all of these are true:
- the agreement says the rent will be increased
- the agreement states the new amount, or how it will be worked out
- you get at least 2 months' written notice (4 weeks for rooming accommodation)
- at least 12 months have passed since the last increase for the property
Even when the lease allows it, the increase doesn't happen automatically. You must still receive a separate written notice.
New lease at renewal
At the end of a fixed term, you and the owner can agree to a higher rent by signing a new agreement. No separate notice is needed, but it still must be at least 12 months since the last increase. If you don't sign a new agreement, the lease becomes periodic on the same terms.
4. If the increase seems too high
Queensland doesn't set a maximum amount. If you think an increase is excessive, talk to your agent or owner first. If that doesn't resolve it, you can use the RTA's free dispute resolution service or apply to the Queensland Civil and Administrative Tribunal (QCAT).
| Your situation | Deadline to apply to QCAT |
|---|---|
| Existing periodic lease | Within 30 days after you receive the notice |
| Existing fixed-term lease | Within 30 days after you receive the notice, and before the lease ends |
| New agreement | Only after you sign it, within 30 days of signing |
QCAT can consider the range of rents for similar places, the difference between the old and new rent, the state of repair of the property, the length of the tenancy, and the time since the last increase.
5. Can the bond go up too?
If the rent goes up, the bond can be increased if it's been at least 11 months since the last bond increase or the start of the tenancy. You must be given at least one month to pay the extra, and it must be lodged with the RTA. For a general tenancy, the bond can't be more than 4 weeks' rent.
Common questions
My agent says the increase is in my lease, so I have to pay it. Is that right?
Only if the lease says the rent will go up and states the amount or formula, at least 12 months have passed since the last increase, and you've also been given separate written notice with enough time.
I moved in 6 months ago. Can the rent go up now?
Not if the rent at the property went up less than 12 months ago, even if that increase was for the previous tenant. Check the "last rent increase" date in your agreement, or ask for proof in writing.
The notice was a phone call. Is that valid?
No. A rent increase notice must be in writing. A letter, email or message through your agent's app is fine.
Do these rules apply to every rental?
Some rules don't apply to exempt property owners, and QCAT can let an owner increase rent sooner in cases of undue hardship. If you're unsure, call the RTA on 1300 366 311 or QSTARS on 1300 744 263.
Check your own notice: the Queensland rent increase checker works out the earliest legal start date and writes a message for your agent.