Article Summary
Terminating a commercial lease for breach in Queensland is a
tightly controlled remedy shaped by contract, statute, and
equity.
A breach alone is insufficient: termination depends on the
nature and seriousness of the default (including whether it is
essential or repudiatory), strict compliance with the lease's
termination machinery, and adherence to statutory requirements,
particularly notice and opportunities to remedy.
A landlord's conduct after a breach (such as a delay in
accepting rent) can defeat termination by election or estoppel, and
even valid terminations may be undone by relief against
forfeiture.
Wrongful termination carries significant risk, including loss of
remedies and exposure to damages.
