Can my landlord raise the rent while I am still in a fixed term lease in Queensland?
No, your landlord generally cannot raise the rent while you are in a fixed-term lease in Queensland. The only exception is if your written tenancy agreement explicitly includes a special clause allowing it, which must state exactly how the increase is calculated.
Was this helpful?
2 readers found this helpful
How it works in practice
Fixed Term Rent Increase Rules
In Queensland, renting laws strictly protect tenants from unexpected rent hikes during a fixed-term lease. Unless you agreed to it in advance, your rent amount is locked in for the duration of the contract you signed.
Your landlord cannot simply decide to raise the rent halfway through your lease because market conditions changed or their expenses increased. The signed tenancy agreement is legally binding on both parties.
Required Lease Clauses
For a rent increase to be valid during a fixed term, your initial tenancy agreement must contain a specific rent increase clause. This special condition must have been included when you first signed the document.
Crucially, this clause cannot just broadly state that rent might go up. It must explicitly detail exactly how much the rent will increase or provide a clear, exact formula for calculating the new amount.
Strict Twelve Month Limit
Even if your lease includes a valid rent increase clause, Queensland law recently introduced strict caps on the frequency of rent increases. Rent can now only be increased a maximum of once every 12 months for a specific property.
This means if the rent was increased within the last 12 months, your landlord cannot raise it again, regardless of what your lease agreement says. They must also provide you with at least two months' written notice before applying the change.
Important exceptions
If you sign a brand-new fixed-term lease for the same property, the rent can be increased, but the new amount cannot take effect until at least 12 months have passed since the last rent increase.
Additionally, rent can be legally increased if both the landlord and tenant mutually agree to an amendment, usually in exchange for a significant addition to the property, such as installing a new air conditioner or adding a major renovation.
Finally, social housing providers or community housing programs may have different methods for calculating rent based on tenant income, which can fluctuate independently of standard residential lease rules.
What you should do now
-
Check your written tenancy agreement to see if it includes a specific special term allowing for a rent increase during the fixed term.
-
Verify that the clause clearly details the exact amount of the increase or the specific formula used to calculate it.
-
Calculate the time since the last rent increase to ensure at least 12 full months have passed for the property.
-
Confirm that your landlord or property manager provided you with at least two months' formal written notice on the correct RTA form.
-
Contact the Residential Tenancies Authority (RTA) Queensland or a tenant advocacy group if you believe the proposed rent increase is invalid or illegal.
Expert Notes
No expert notes have been added to this question yet.
People also asked
Explore highly relevant questions and get instant verified short answers.