Tenant Guide to Harassment & Misconduct in South Australia

If you're renting in South Australia, understanding your rights is crucial in ensuring a peaceful living environment. Harassment by landlords is not only distressing but also illegal. Knowledge of how to identify landlord misconduct and what steps to take can empower you to protect your living space.

Understanding Landlord Harassment

Landlord harassment occurs when a landlord uses tactics like threats, persistent phone calls, or unauthorized entry to pressure a tenant. Such actions contravene your rights under the Residential Tenancies Act 1995 in South Australia¹.

Common Forms of Misconduct

• Unlawful Entry: A landlord must provide the tenant with proper notice before entering the premises.
• Threats and Intimidation: Making threats to evict without following legal procedures.
• Repairs Neglect: Failing to carry out necessary repairs within a reasonable timeframe.

Your Rights as a Tenant

As a renter, you have specific rights to ensure your safety and comfort. Any form of harassment or misconduct can be challenged legally.

Filing a Complaint

1. Gather Evidence: Document conversations, keep records of communications, and take photos if necessary.
2. Try Resolving Directly: Address the issue with the landlord in writing.
3. Use Form C2 - Application for a Tenancy Order: If unresolved, fill out and submit this form to the South Australian Civil and Administrative Tribunal (SACAT)².

FAQ

1. What is considered harassment by a landlord?Persistent communications, unauthorized entry, and threats qualify as harassment under the Residential Tenancies Act 1995.
2. Can I terminate my lease if a landlord harasses me?Yes, if harassment significantly interferes with your enjoyment, you may apply to SACAT to terminate the lease.
3. What evidence is required for lodging a complaint?All documented incidents, such as emails or witness statements, are useful in supporting your case.

How To Guide for Reporting Misconduct

1. Understand Your Rights: Review what constitutes misconduct under the Residential Tenancies Act 1995.
2. Document Everything: Keep a detailed record of all incidents and communications with your landlord.
3. Formalize Your Complaint: Use SACAT Form C2 to initiate a legal process if necessary.

Key Takeaways

• Know your rights under the Residential Tenancies Act 1995.
• Document all incidents of misconduct.
• Seek legal resolution through SACAT if necessary.

Need Help? Resources for Renters

Contact Consumer and Business Services SA for more guidance on tenant rights, or reach out to the South Australian Civil and Administrative Tribunal (SACAT) to lodge formal complaints.

---

1. Residential Tenancies Act 1995
2. South Australian Civil and Administrative Tribunal (SACAT)

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