FAQs on Rent, Bond & Holding Deposits in SA

Renting a property in South Australia involves understanding various aspects of rental agreements, such as rent payments, bonds, and holding deposits. Familiarity with these topics ensures a smoother tenancy experience and helps tenants exercise their rights effectively.

Understanding Rent in South Australia

Rent is the regular payment made by a tenant to a landlord for the use of a property. In South Australia, landlords are required to provide tenants with a rent receipt unless rent is paid into a financial institution account. Rent increases are governed by specific guidelines outlined in the Residential Tenancies Act 1995 (SA)¹. Landlords must provide at least 60 days' written notice before increasing rent.

Bond and Holding Deposits

A rental bond is a security deposit held by the landlord or agent to cover any potential damage or unpaid rent. In South Australia, the maximum bond that can be charged is the equivalent of four weeks' rent for properties with weekly rents less than $250. For properties with higher rents, the bond can be up to six weeks' rent. All bonds must be lodged with Consumer and Business Services (CBS).

Holding deposits may be required to secure a property before the lease is signed. It's crucial to understand the terms before paying a holding deposit, as certain conditions can apply depending on whether the lease goes ahead or not.

Official Forms and Resources

• Form 2 - Notice of Rent Increase: This form is used by landlords to notify tenants of a rent increase. It should be given with at least 60 days' notice. More details can be found on the CBS forms page.
• Form 1 - Residential Tenancy Agreement: Outlines the terms and conditions of the rental agreement. It's crucial for setting expectations between landlords and tenants from the start.

Need Help? Resources for Renters

If you have disputes or require assistance, South Australian Civil and Administrative Tribunal (SACAT) is the official body handling tenancy issues in South Australia.

• Consumer and Business Services SA – Provides resources and guidance for tenants.
• Legal Services Commission of South Australia – Offers legal advice and assistance to tenants.

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1. What happens if I can't pay my rent on time?
   If you are unable to pay rent on time, communicate with your landlord as soon as possible to negotiate a payment plan. It's important to address the issue promptly to avoid legal actions such as termination notices.
2. Can my landlord change the rent during my lease term?
   Yes, but only if it's specified in the lease agreement and with proper notice as per the South Australian regulations, typically a 60-day notice using the Form 2 - Notice of Rent Increase.
3. How is my bond returned at the end of the tenancy?
   Upon vacating, both parties should agree on any deductions related to damages or unpaid rent. If no agreement is reached, disputes can be resolved through SACAT.

1. How to file a complaint with SACAT

   If you encounter issues that remain unresolved with your landlord, you can lodge an application to SACAT. Follow these general steps:

   1. Step 1: Gather all relevant documentation, including correspondence and receipts.
   2. Step 2: Complete the SACAT application form available online.
   3. Step 3: Submit the form with any applicable fees and wait for a hearing date.

Key Takeaways for Renters in South Australia

• Always check the conditions of your lease agreement and maintain records of all payments and communications.
• Understand your rights regarding rent increases and bond handling as outlined in the Residential Tenancies Act 1995.
• Seek assistance from CBS or SACAT if disputes arise that cannot be resolved directly with your landlord.

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