The legal framework: what Queensland tenancy law actually says

The Residential Tenancies and Rooming Accommodation Act 2008 (Queensland) establishes the foundational obligations of both landlords and tenants. Section 185 of the Act requires the property owner to ensure the property is in a reasonably clean condition and in a good state of repair at the start of the tenancy. Ongoing obligations require the landlord to maintain the property in a reasonably fit and habitable condition throughout the tenancy.

Termite infestation — and the structural damage it causes — is a maintenance issue that falls squarely within this framework. A timber-framed house that is being consumed by a subterranean termite colony is not in a good state of repair. A floor that flexes because the joists have been compromised is not in a fit and habitable condition. The obligation to rectify this falls on the landlord.

When can a landlord recover costs from a tenant?

There is a narrow set of circumstances in which a landlord may have a legitimate argument that tenant actions contributed to a termite infestation. These are exceptional cases, not the norm.

What a tenant should do when they find termites

The single most important action for a tenant who suspects termite activity is to report it immediately and in writing. This serves two purposes: it triggers the landlord's obligation to act, and it creates a dated record that protects the tenant if the landlord delays and the damage worsens during the delay period.

• Send an email or message to the property manager documenting the specific location, the evidence observed (mud tubes, hollow sound, damaged timber), and the date of discovery
• Take photographs of any visible signs of activity
• Do not disturb the area — do not apply aerosol sprays, break mud tubes, or attempt DIY treatment
• Do not wait for the next routine inspection — request urgent action
• Keep copies of all communications regarding the pest issue throughout the tenancy

What a landlord should do when notified of termite activity

A landlord who receives notification of suspected termite activity in a tenanted property has a legal obligation to respond without unreasonable delay. Queensland tenancy law does not define a specific number of days, but the urgency of the response should be proportional to the potential structural risk — and given that termites can consume 500 grams of timber per day, delays of weeks or months are indefensible.

The appropriate response sequence is:

• Arrange a professional timber pest inspection with a licensed inspector within days of notification, not weeks
• If termite activity is confirmed, proceed immediately with a treatment program
• Where structural damage is confirmed, engage a licensed builder to assess and quote on rectification works
• Keep the tenant informed throughout the process
• Review and implement annual inspection programs to prevent recurrence

Can a tenant leave because of termites?

Where structural termite damage renders the property uninhabitable or an authority (such as a building inspector or local council) declares the premises unsafe for occupancy, the tenant may have grounds to terminate the tenancy without penalty under the Act's provisions relating to the landlord's breach of the habitability obligation.

This is a significant legal step and should only be taken with proper legal advice. The presence of termites alone does not entitle a tenant to immediately vacate. The relevant test is whether the property is in a reasonably fit and habitable condition — and where the landlord is actively working to remedy the situation within a reasonable time frame, the habitability obligation is being met even if the property has a pest problem.

Why annual inspections are the landlord's most important financial protection

Queensland landlords face a significant financial exposure from termite damage that many are completely unprepared for. Standard home insurance does not cover termite damage. The repair costs can range from $7,000 to $100,000 or more for structural remediation. And the rental property is typically leveraged — meaning the damage affects not just the property value but the investor's borrowing position.

Annual professional timber pest inspections — at $185 per visit from Jets Pest Control across Ipswich and Brisbane — are the only financial protection mechanism available. Early detection dramatically reduces repair cost. The inspection cost is generally tax deductible as a property maintenance expense for investment properties. And a documented record of annual inspections significantly strengthens the landlord's position if a dispute arises about the timeline of the infestation.