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"Ridiculous" state government legislation is keeping Jan Lauko and Dagmara Laukova up at night.
Key points:
- Queensland's housing minister says the government is working to close a loophole that allows landlords to exploit tenants
- The law limits rent increases to once a year, but landlords can get around that by having multiple short-term leases
- The Real Estate Institute of Queensland has described those incidents are "unusual"
An inner-city Brisbane unit complex is the only home they've known since immigrating to Australia seven years ago, but now they've been given notice to leave.
Mr Lauko said the email from their property manager was "saying straightaway that it's because other tenants are paying more for the same unit than we do".
The couple are willing to pay more rent for the property, but the law prevents it because their last increase was only six months ago.
In July, the Queensland government introduced legislation limiting the number of rent increases tenants can receive to once a year.
But a loophole in the new law means that landlords can boost their returns within 12 months by having multiple short-term leases — meaning tenants like Mr Lauko need to move out.
"You can't really think about anything else, it's just looking at the units, scheduling inspections," he said.
Ms Laukova, a PhD candidate, said the notice to leave had come at the "worst timing" as she juggled her thesis and looked after their small family.
"It is really just about the legislation that is really unfair, because we would be happy to pay $50 to $100 extra [a week]," she said.
"It would save us also so much money, trouble, hassle and time.
"It just feels ridiculous."
The ABC has contacted the Lauko family's property manager, who declined to comment.
'Unusual' legislation impact
The rental limit was introduced to help stabilise the market in response to housing unaffordability and rising cost-of-living pressures, according to the state government.
CEO of Real Estate Industry Queensland, Antonia Mercorella, said incidents where tenants were forced out by landlords looking for higher rents were "unusual".
"In the majority of cases, property owners actually want long-term tenants. It's in their best interest," Ms Mercorella said.
"Once you've secured a tenant who looks after the property well and pays their rent on time... that's a set and forget, and a property owner finds that very appealing."
Previously, Queensland tenants could have received a rent increase once their lease had ended, regardless of its length, or if it was stipulated in their lease agreement.
"Rent increases only occurred once every 12 months, in any event, so... in the majority of cases, these laws will have fairly limited impact," Ms Mercorella said.
'It's unfortunate people have exploited what is a loophole'
The 12-month rental limit applies if at least one renter remains in the property, but there are calls to change the law to focus on the home, rather than its occupants.
Sam Galer from the Rental Tenancies Authority said they were regularly contacted about the rental limits.
"It is a popular topic as whenever the legislation changes, people are going to take a little bit of time to adapt to that," Mr Galer said.
"Ending a tenancy agreement and removing the tenant for the purposes of putting the rent up was not the intent and the government has come out and said that."
The state government's public consultation on the rental limit closed in August.
Queensland housing minister Meaghan Scanlon said the government was working to close the loophole.
"The proposal was that we attach that particular provision to the property [rather] than the rental agreement," she said.
"We will be the only state that's moving on this loophole, I'm very proud that we've moved quickly.
"It's unfortunate people have exploited what is a loophole, but we will do everything in our power to make sure renters are protected."
Change welcome, but 'it's too late' for some
Ms Mercorella cautioned the government against attaching the laws to individual properties to prevent future "ramifications" for those buying and selling.
"It means that a new incoming purchaser has the same obligation [and] there are disclosure requirements associated with that," she said.
But, as Ms Laukova looks into an uncertain future with no place to go in Brisbane's tight rental market, she says legislation change is needed.
"It's a bit frightening," she said.
"Hopefully, at least for the future tenants it can be helpful, but for us it's too late anyway."