FAQs on Compensation & Lease Breaches in SA

Understanding your rights and responsibilities as a renter in South Australia is crucial when dealing with issues like compensation and lease breaches. From rent increases and repairs to potential evictions, navigating tenancy laws can feel overwhelming. This guide aims to clarify common concerns for South Australian renters in such situations.

Compensation for Lease Breaches in South Australia

As a tenant, you may apply for compensation if your landlord breaches the lease agreement. Common breaches include failing to maintain the property, unlawful entry, or not fulfilling repair obligations.

Understanding Your Rights

The Residential Tenancies Act 1995 governs rental agreements in South Australia. This legislation outlines tenant rights concerning compensation claims related to lease breaches.

How to Claim Compensation

To file a claim, tenants must complete a Form 12 - Application for Residential Tenancies Tribunal, detailing the breach and the compensation sought. Access the form from the Consumer and Business Services site.

• Gather evidence of the breach, such as photographs or communication records.
• Submit the application and requisite evidence to the South Australian Civil and Administrative Tribunal (SACAT).

FAQs about Compensation and Lease Breaches

1. What constitutes a breach of lease?

   A breach can include failure to perform repairs, illegal entry, or rental agreement violations by the landlord.

2. How much compensation can I claim?

   Compensation is case-specific, depending on the breach extent and its impact on your residency.

3. What if my landlord disagrees with the compensation claim?

   You can directly apply to SACAT to resolve the dispute if the landlord contests the claim.

Need Help? Resources for Renters

If you need assistance, consider reaching out to:

• Consumer and Business Services (CBS) - Guidance on tenancy rights and responsibilities.
• South Australian Civil and Administrative Tribunal (SACAT) - For applications and claim resolutions.
• Community legal centres - Offer advice and representation in tenancy matters.

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1. Residential Tenancies Act 1995: https://www.legislation.sa.gov.au/lz/c/a/residential%20tenancies%20act%201995.aspx
2. Consumer and Business Services (CBS): https://www.cbs.sa.gov.au
3. South Australian Civil and Administrative Tribunal (SACAT): https://www.sacat.sa.gov.au

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