South Australia Residential Tenancies

In SA Residential Tenancies are subject to and governed by the Residential Tenancies Act 1995 and Regulations. The Act regulates the rights and responsibilities of tenants and landlords in South Australia and came into effect on the 10th of August 1995. The Act applies to any residential tenancy agreement entered into, renewed, extended, assigned or otherwise transferred after the act commenced with some exemptions,
these include :

• tenants whose principle place of residence is a residential park, within the meaning of the Residential Parks Act 2007 .
• those living in hotels and motels, educational institution.
• club premises
• holiday homes and
• aged care facilities including hospitals and nursing homes or a retirement village within the meaning of the Retirement Villages Act 1987

For a comprehensive list of other exclusions one should consult sect 5 of the Residential Tenancies Act 1995

Before the tenant moves into the rented premises or enters into a Residential Tenancy Agreement the agent or landlord must provide the tenant with a copy of an information brochure on Residential Tenancies Act 1995 and Regulations. This Information Brochure summarises the main provisions of the Act and Regulations, that relate to the tenant’s and landlord’s obligations. Furthermore the tenant must receive a written copy of the tenancy agreement when it is signed. If the document has not been signed by the landlord the tenant must receive an executed copy signed by both parties within 21 after the tenant gives the document back to the landlord to complete it’s execution.

The Tenancy Agreement
The lease or residential tenancy agreement is binding contract between the landlord and the tenant. The residential tenancy agreement is best made up in two parts . The first part defines the rights and obligations of the parties as prescribed under the act and the second part is the property condition report. The tenant must be given time to read and understand the terms of the tenancy agreement before being asked to sign it.

Inspection Reports
At the beginning of the tenancy the landlord fills out and signs 3 copies of the condition report and gives two copies to the tenant. The tenant indicates agreement or disagreement with the condition suggested by the landlord or landlord’s agent by placing a tick or a comment in the correct space. If either party believe the report does not represent the true condition of the premises, this is the time to sat so. The tenant must return one signed copy of the completed condition report to the landlord or landlord’s agent within (5) business days and keeps the second copy.

Security Bond
The maximum security bond cannot be any more than 4 weeks rent if the weekly rent is $250 or less. However if the rent is over $250 per week the landlord can ask for the equivalent of 6 weeks rent as a security bond. All security bonds must be paid into the Residential Tenancies Fund using the Bond Lodgement form supplied by the Office of Consumer and Business Affairs within seven days of receipt.

Rent in Advance
The tenant will usually be required to pay 2 weeks rent in advance from the first day of the tenancy. Under the Act a tenant cannot be required to pay any more than the bond and 2 weeks rent in advance at the start of the tenancy.

Terminating a Tenancy agreement
Unless the landlord has breached the terms of the fixed term agreement the tenant is committed to honour their obligations for the duration of the term. Once the fixed term tenancy has ended Tenants are required to give at least 21 days notice and the Landlord must give at least 60 Days notice.
If the tenant breaks the tenancy agreement early the Landlord may claim compensation for any loss suffered, including maintenance expenses on the property until the landlord finds a new tenant or the original tenancy period expires. Of course a fixed term agreement may also be ended if the parties agreed in writing.

Residential Tenancy kits for South Australia are available from your local newsagent in printed format or from RP Emery and Associates as a downloadable MS word document. Unlike hardcopy agreements the MS word documents can be used time and again and it also allows a certain amount of flexibility to edit as you see fit.

For more information consult the Residential Tenancies Act 1995 or contact The Department of Consumer and Employment Protection

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