A fixed-term lease in Queensland is due to expire in 30 days. The landlord wants to increase rent by 15% and the tenant wants to renew. The property manager checks comparable rentals and finds the increase is justified by market conditions. What is the minimum notice period required for the rent increase?
Correct Answer
D) The new agreement can set the higher rent, if 12 months have passed since the last increase
Section 91 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) requires 2 months' written notice of a rent increase during a periodic tenancy or under a fixed term, but it expressly does not apply to an increase from one fixed term agreement to the next. A renewal can therefore set a higher rent in the new agreement. Section 93 still applies: rent for the premises cannot be increased less than 12 months after the last increase, even under a new agreement.
Why This Is the Correct Answer
A new fixed term agreement can set a higher rent without a section 91 notice, because that section does not apply from one fixed term to the next. The section 93 limit still applies: no increase for the premises less than 12 months after the last one.
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