Rights and responsibilities
Your residence contract and village comparison document (or public information document) must outline your rights and responsibilities when leaving the village.
If you want to leave
You need to give the operator 1 month’s written notice if you want to leave the village. The residence contract will refer to this as ‘terminating your right to reside in the village’.
If you become aware that the village is not registered, you can give the operator 14 days written notice and the operator must refund the full amount of your ingoing contribution.
If the operator asks you to leave
An operator can request you leave the village with 14 days written notice if you intentionally or recklessly:
- injure someone in the village
- seriously damage your unit
- seriously damage someone else’s property in the village.
An operator can request you leave the village with 2 months’ notice if:
- you commit a serious breach of the residence contract
- the operator reasonably believes you have abandoned your right to live in the retirement village
- the operator and someone who has assessed your care needs under the Aged Care Act 1997 believe your accommodation type is unsuitable (e.g. you live in an independent living unit but need help with personal care, which the operator does not provide).
An operator may also terminate your right to reside if they are implementing an approved closure plan.
If an operator terminates your right to reside as part of implementing an approved closure plan, then they must pay the exit entitlement within 14 days once an agreed resale value is determined. However, that time frame does not apply if you terminate your right to reside, even if that occurs during implementation of a closure plan.
More information
- Understand the condition you must leave your unit in when leaving
- View information about residence contracts
- Read the Aged Care Act 1997
- Visit the myagedcare website
- Visit our useful contacts page
- Email regulatoryservices@chde.qld.gov.au