Can I stop paying rent if my landlord refuses to fix things in Queensland?
No, you cannot legally stop paying rent if your landlord refuses to fix things in Queensland. Withholding rent is a breach of your tenancy agreement and gives your landlord grounds to evict you. You must continue paying while using formal channels to resolve the repair dispute.
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How it works in practice
Why You Must Keep Paying Rent
In Queensland, paying rent is a fundamental legal obligation under your tenancy agreement. If your landlord refuses or fails to carry out necessary repairs, you might feel justified in withholding your rent. However, doing so puts you in direct breach of your contract.
If you stop paying rent, your landlord can issue you a Notice to Remedy Breach for rent arrears. If you do not pay the outstanding amount within the required timeframe, they can proceed to terminate your tenancy and formally evict you.
The Right Way to Handle Ignored Repairs
Instead of withholding rent, you must follow the formal legal process outlined by the Residential Tenancies Authority (RTA). If the issue is a routine repair, you should first notify your landlord or property manager in writing.
If they ignore your request, you can issue them a formal Notice to Remedy Breach (Form 11), giving them seven days to fix the problem. If they still fail to act, your next step is to apply for free dispute resolution through the RTA or seek a binding repair order from the Queensland Civil and Administrative Tribunal (QCAT).
Important exceptions
While you can never simply withhold rent, there is an exception for specific emergency repairs. If you experience a genuine emergency—such as a burst water pipe, dangerous electrical fault, or a severe roof leak—and you cannot contact your landlord, you are legally allowed to arrange the repair yourself.
In Queensland, you can authorize a qualified tradesperson to fix the emergency issue up to the value of two weeks' rent. You must then provide the receipt to your landlord, who is legally required to reimburse you within seven days. This strictly applies to emergencies, not general maintenance.
What you should do now
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Continue paying your rent on time and in full, regardless of the pending repairs.
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Report the needed repair to your landlord or property manager in writing and keep a copy for your records.
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Issue a formal Notice to Remedy Breach (Form 11) if the landlord does not organize routine repairs within a reasonable timeframe.
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Apply for free dispute resolution through the Residential Tenancies Authority (RTA) if the breach notice expires without action.
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File an application with the Queensland Civil and Administrative Tribunal (QCAT) for a binding repair order if RTA mediation fails.
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