What are my rights and obligations regarding tenant notice periods when selling a tenanted property on the Gold Coast?
Selling a tenanted property on the Gold Coast? It’s not just about market timing and price strategy—you’ll also need to understand your legal obligations to your tenants, especially when it comes to entry notices, inspections, and vacate periods.
Whether you’re selling to another investor or an owner-occupier, Queensland tenancy laws—under the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act)—clearly define your rights and responsibilities.
🏡 Can I Sell My Gold Coast Property While It’s Tenanted?
Yes. Selling a tenanted property is legal and often common, especially for investors looking to attract other landlords. But it comes with strict rules around notice periods and tenant privacy.
📅 Key Notice Periods You Must Follow
1. Notice of Intention to Sell
You must provide a Form 10 – Notice of Lessor’s Intention to Sell Premises to your tenant before marketing or conducting inspections.
🔹 When? As soon as you engage an agent or plan to advertise the property.
🔹 Why? This informs the tenant that the property will be shown to potential buyers.
2. Entry Notices for Inspections
Before any open homes or private viewings, you must provide a Form 9 – Entry Notice.
🔹 Minimum notice required: 24 hours
🔹 Maximum frequency: No more than 2 viewings per week unless agreed otherwise
🔹 Permitted times: Between 8:00am and 6:00pm, Monday to Saturday (not on Sundays or public holidays unless the tenant agrees)
3. Notice to Leave (If You Want the Property Vacant for Sale)
If you want the property vacant before or during the sale, you need to follow the correct notice-to-leave process, which depends on the lease type.
Fixed-Term Lease
- You can’t terminate early just because you’re selling.
- You must wait until the lease ends, then issue: 2 months’ notice before the lease expiry (via Form 12 – Notice to Leave).
Periodic Lease
- You can issue a Form 12 – Notice to Leave with 2 months’ notice, stating that the reason is the property is being sold.
Important: You cannot force a tenant to leave without giving proper notice—even if the sale is urgent or your buyer wants vacant possession.
🤝 What Are the Tenant’s Rights During the Sale?
Tenants on the Gold Coast have the right to quiet enjoyment of the property, meaning:
- They must be given proper notice before each entry.
- They can refuse excessive inspections (more than two per week).
- They do not have to tidy or stage the property for sale.
- They can be present at inspections but are not required to be.
🔄 Can the Lease Be Transferred to the New Buyer?
Yes. If the buyer is another investor, the existing lease remains in place and transfers with the sale. The buyer becomes the new landlord.
✅ The tenant continues paying rent and occupying the property until the lease ends—no disruption for either party.
⚠️ What Happens If I Don’t Follow the Rules?
Failing to comply with Queensland tenancy laws during a sale can lead to:
- Disputes lodged with the RTA (Residential Tenancies Authority)
- Delays in the sale or issues with settlement
- Compensation claims from tenants for unlawful entry or early eviction
It’s critical to stay compliant and respectful.
🧠 Seller Tips: Selling a Tenanted Property Smoothly on the Gold Coast
✅ Communicate openly with your tenant about the sales process
✅ Offer flexible incentives, like discounted rent, for cooperation with inspections
✅ Plan marketing around tenancy access rules
✅ Keep the tenant informed about offers, timelines, and potential settlement details
✅ Work with a real estate agent experienced in tenanted sales
💼 Selling With Tenants vs. Vacant Possession: Which Is Better?
| Selling Tenanted | Selling Vacant |
| Rental income continues | Easier to stage, clean, inspect |
| Attracts investor buyers | Broader buyer appeal (incl. owner-occupiers) |
| Limited access | Full control over access and presentation |
| Lease obligations remain | Flexibility in settlement timing |
If you’re selling to an investor, staying tenanted is often ideal. If targeting owner-occupiers, vacant possession usually fetches better offers.
Need Help Navigating a Tenanted Sale on the Gold Coast?
Selling a tenanted property involves more than just signing a contract. You’ll need expert guidance to:
- Manage your legal obligations
- Maintain tenant relationships
- Market effectively under access restrictions
- Ensure a stress-free settlement
❓ FAQs – Tenant Notice and Selling a Property on the Gold Coast
1. Can I evict my tenant if I want to sell?
Not during a fixed-term lease. If the lease is periodic, you can give 2 months’ notice for sale-related termination.
2. How often can I show the property?
No more than 2 inspections per week without written tenant consent. Each inspection requires 24 hours’ notice.
3. Do I have to wait for the lease to end to sell?
No. You can sell at any time, but whether the tenant must vacate depends on the lease type and the buyer’s preferences.
4. Can a buyer request vacant possession at settlement?
Yes—but you must ensure notice timelines align with the contract date and tenancy terms.
5. What happens if the tenant refuses access?
You can apply to QCAT for an order, but it’s always best to communicate and cooperate first.
Selling a tenanted property? Respect the lease, respect the law—and respect your tenant.
That’s how we get great results on the Gold Coast.
More Smart Seller Questions Answered
Selling on the Gold Coast? Here’s Why a Conveyancer or Solicitor Is Non-Negotiable
When selling property on the Gold Coast, having a qualified conveyancer or solicitor isn’t just a box to tick—it’s your frontline defence against legal risk, delays, and costly mistakes. These professionals do more than manage paperwork. They interpret contracts, handle disclosure requirements, and ensure every step of the transaction complies with Queensland property law.
A conveyancer or solicitor acts as your legal guide, making sure your rights are protected while managing deadlines, negotiations, and settlement logistics. Whether you’re selling a beachfront apartment or your family home, their expertise can mean the difference between a seamless sale and a stressful one.
Before you sign anything, make sure you have the right legal support on your side. A reliable conveyancer or solicitor isn’t just helpful—they’re essential to getting your Gold Coast property SOLD with confidence.
Author – Craig Douglas
Please Note: The information contained in this document is for general information purposes only and does not constitute legal advice. The laws and regulations governing the sale of property in Queensland are complex and constantly changing. It is important to seek the advice of a qualified property lawyer or conveyancer before making any decisions about the sale of your property. This document does not take into account your individual circumstances and may not apply to your situation. By reading this document you agree that you have not relied on the information contained herein and that you will seek independent legal advice before taking any action.
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This page was proudly created by Craig Douglas, your local independent Gold Coast real estate agent, working for a Boutique Real Estate Agency. Selling residential and commercial properties, from those that are awe-inspiring, through to a diamond-in-the-rough, otherwise known as a “renovator’s delight”.
I negotiate and sell on behalf of property owners who want to get the best possible price, with the least amount of hassle. Let’s talk about the process of selling your property over a coffee to get you started – 0418 189 963
