Selling an Apartment with Tenants in Brisbane (QLD)

If you're planning to sell your Brisbane or Queensland property but it’s currently tenanted, it’s important to understand your rights and obligations as a landlord under Queensland tenancy laws.

Getting the timing right can make a huge difference to your sale result—and help you avoid legal or logistical headaches.

In Queensland, the rules for selling a rental property depend on the type of lease the tenant is on.

Here’s what you need to know*:

Queensland laws around ending a tenancy for sale purposes are slightly different than those in NSW and Victoria.

For tenants on a fixed-term lease, you cannot end the lease early for the purposes of sale. The property may still be sold with the tenant in place, but buyers will need to respect the existing lease.

You cannot require the tenant to vacate before the end of their lease (unless they agree to leave voluntarily).

You CAN legally still list and market the property while tenanted, but this will limit buyer interest and inspection access, cost money for each inspection, and the property is unlikely to be as well presented with tenants in.

For tenants on a periodic lease,(month by month) the property owner can give 60 days’ notice to vacate if one of the following applies:

1. A contract of sale has been signed.

2. A real estate agent has been formally engaged to sell the property.

Tenants on a periodic lease can give 14 days’ notice to leave at any time, without providing a reason.

As always, we suggest sellers carefully plan around lease dates and notice periods to avoid complications, and to give buyers the best chance to inspect and imagine themselves living in the property.

My advice - START marketing after the tenant has gone if you can. 

Buyers are mostly owner-occupiers at the moment, so many prefer a vacant property they can inspect properly and move into quickly.

 Give clear, written notice that aligns with QLD tenancy law. This helps avoid disputes and delays.

Be aware of:

After getting the 60 termination notice tenants can provide the landlord with a minimum 14-day notice.

The Value of Good Presentation

Tenanted properties:

-Often can’t be styled or staged for sale

-May limit buyer access for open inspections.  If you are not yet sure whether you will sell, or are not ready, do NOT renew your lease with the tenants, just keep them on a monthly basis (periodic) tenancy.

If you are unsure about this, please give me a quick WhatsApp, text or call. But this is extremely important.

NEED HELP navigating all these new rules and regulations when thinking of selling, without it costing you a fortune in legal advice?

My FREE sellers service may just what you need. (WHY is it Free? Read) 

My Selling Tips:

If you're thinking about selling:

  • Always work backwards from the lease expiry date (or target sale date), plus the notice period.

  • Obtain your Certified Valuation while the tenants are there.

  • Get an approx. sales price before engaging any agents. (I can provide this as part of my free service) 

  • Check your Capital Gains Tax Liability before making decisions on whether to sell.

  • Engage your agent and legal rep. to prepare sale documents early.

  • This allows you to lawfully issue a notice and sell without legal delays.

Need tailored advice for your property in Brisbane? Contact me — I’m here to help sellers plan around tenancy timelines with no surprises.

"Many thanks for the huge advice and assistance you gave us. Your tireless and good natured coordination of the whole process and its many aspects have been and continue to be invaluable, including putting us in touch with the relevant experts in the necessary fields and the friendly tips you are always ready and willing to offer".

Charles C, Hong Kong

Email me: michael@citylifeproperty.com

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* As at July 2025. This is general advice only, not professional advice.  These regulations can change without notice. 

For full legal guidance, refer to the RTA (Residential Tenancies Authority): https://www.rta.qld.gov.au