Queensland Consolidated Acts

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RESIDENTIAL TENANCIES ACT 1994 - SECT 230

230 Duty to mitigate loss or expense

(1) This section applies to the lessor if the lessor incurs loss or expense because of--

(a) the tenant's failure to hand over vacant possession of the premises after a termination order is made by a tribunal; or
(b) the tenant's abandonment of the premises; or
(c) another act or omission of the tenant.

(2) This section applies to the tenant if the tenant--

(a) incurs loss or expense because of an order made by a tribunal or registrar declaring that the tenant abandoned the premises on a stated day; and
(b) contends that the premises were not abandoned or were only abandoned on a day after the day stated.

(3) The lessor or tenant--

(a) must take all reasonable steps to mitigate the loss or expense; and
(b) is not entitled to receive compensation for any loss or expense that could have been avoided by taking the steps.


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