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Property ManagementLease AgreementsQLDMEDIUM

A Toowoomba tenant's fixed-term lease expires, and she stays on with the landlord's consent without signing a new lease. What type of tenancy now exists?

Correct Answer

A) A periodic tenancy on the same terms as the expired agreement

Under Queensland's Residential Tenancies and Rooming Accommodation Act, when a tenant holds over after a fixed-term lease expires with the landlord's consent, a periodic tenancy is created with the same terms and conditions as the expired lease. The period of the tenancy matches the rent payment frequency.

Answer Options
A
A periodic tenancy on the same terms as the expired agreement
B
A new fixed term of the same length as the original agreement
C
A month-to-month tenancy on standard terms that replace the old special terms
D
A weekly tenancy, whatever rent payment period the original agreement used

Why This Is the Correct Answer

Under the Residential Tenancies and Rooming Accommodation Act 2008 (Qld), if a fixed term ends and the tenant stays on without a new agreement, the agreement continues as a periodic agreement on the same terms, except the term about the fixed period.

Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

periodic tenancyholdover tenancyRTRA Actlease expirylandlord consent
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