Recognising Tenancy Violations in South Australia

As a renter in South Australia, understanding your rights when it comes to ending a tenancy is crucial. Missteps by landlords during this process can lead to disputes, but knowing the laws can empower you to protect your interests.

Common Tenancy Ending Violations

Ending a tenancy involves various legal requirements that landlords must follow. Some common violations include:

• Improper Notice: Landlords must provide sufficient notice based on the type of agreement and reason for termination.
• Unlawful Eviction: Evictions must comply with legal standards and only occur for valid reasons.
• Withholding Bond: Your bond should only be withheld for legitimate costs, not for ordinary wear and tear.

Legal Notice Requirements

Under the Residential Tenancies Act 1995, landlords must provide written notice with specific periods depending on the termination type:

• 14 days for breach of agreement
• 28 days for sale of premises
• 60 days for end of fixed term

Steps to Take if Your Landlord Violates the Law

1. Document Everything

Collect all relevant documents, such as notices and communications, as evidence.

2. Resolve Disputes Amicably

Attempt to resolve issues directly with your landlord by discussing breach concerns.

3. Apply to the South Australian Civil and Administrative Tribunal (SACAT)

If discussions fail, apply to SACAT using the appropriate application forms to resolve the dispute legally.

Need Help? Resources for Renters

• SA.gov.au Rental Housing - State rental laws and resources
• SACAT - The official tribunal for tenancy disputes
• Residential Tenancies Act 1995 - Full legislation details

---

1. What are my rights if my landlord doesn't follow proper notice procedures? If your landlord fails to give the correct notice, you can contest the termination through SACAT.
2. How can I challenge an unjust eviction in South Australia? Gather evidence, such as written notices, and apply to SACAT to contest an unjust eviction.
3. Can my landlord increase rent during a fixed tenancy term? Rent increases during a fixed-term tenancy can only occur if the agreement permits it and the proper notice is given.
4. What should I do if I feel pressured to leave before the notice period? Communicate with your landlord to clarify rights, and seek legal advice if necessary.
5. Is my landlord allowed to enter the property without notice? Landlords must provide appropriate notice prior to entry, except in emergencies.

1. How to Challenge an Unlawful Eviction in South Australia
   1. Step 1: Gather Evidence

      Collect all documents and communication records that indicate the unlawful eviction.

   2. Step 2: Discuss with Your Landlord

      Speak with your landlord about the legalities and your willingness to resolve the issue.

   3. Step 3: Apply to SACAT

      Use the SACAT application forms to officially challenge the eviction.

Key Takeaways: Ensure you receive proper notice, document all communications and evidence, and apply to SACAT if needed to contest violations. Understanding and exercising your rights can lead to a fair resolution.

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid