Tenants and Discrimination in South Australia

Renting a home in South Australia should be an experience free from discrimination. As a renter, it's essential to understand your rights and what constitutes discrimination in housing. This article provides a comprehensive guide to tenant rights concerning discrimination in South Australia.

What is Discrimination in Renting?

Discrimination in renting occurs when landlords or property managers treat prospective or existing tenants unfairly based on certain attributes. In South Australia, the Equal Opportunity Act 1984 prohibits discrimination on grounds such as race, age, sex, disability, marital status, pregnancy, and sexual orientation.¹ Understanding these grounds can help protect your rights and ensure access to fair housing.

Examples of Discrimination

• A landlord refusing to rent to someone because of their ethnic background.
• Higher rent or different terms set for tenants based on age.
• Imposing stricter terms or evicting a tenant due to a disability without making reasonable accommodations.

Legal Protections for Tenants

In South Australia, renters are protected under the Residential Tenancies Act 1995. This act, alongside the Equal Opportunity Act, ensures that renters can live in a safe and secure environment free from discrimination. If you believe you have been discriminated against, these laws can provide the necessary framework for a complaint or legal action.

Steps to Take if You Face Discrimination

1. Document the Incident: Keep detailed notes of any discriminatory actions or communication.
2. Contact the Equal Opportunity Commission: They can help mediate and advise on whether the law has been broken.
3. Seek Legal Advice: Consider consulting with a lawyer specializing in tenancy law.
4. File a Formal Complaint: Lodge a complaint with the South Australian Civil and Administrative Tribunal (SACAT) if necessary.

Ensure you keep copies of all written communication with your landlord or property manager. Evidence is crucial if you decide to pursue legal action.

Need Help? Resources for Renters

For advice or assistance, consider reaching out to the following resources:

• SACAT - South Australian Civil and Administrative Tribunal
• Equal Opportunity Commission SA
• Community Legal Centres for independent legal advice

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1. What should I do if I suspect discrimination by my landlord?

   Document instances of suspected discrimination and contact the Equal Opportunity Commission SA for advice and mediation.

2. Can my lease be terminated due to discrimination?

   Landlords must not terminate a lease based on discriminatory grounds. If you think your lease was terminated unfairly, you can file a complaint with SACAT.

3. How are rent increases affected by anti-discrimination laws?

   Rent increases must comply with the Residential Tenancies Act 1995 and must not be discriminatory. Always check your rental agreement and seek advice if you suspect unfair treatment.

1. How to file a discrimination complaint in South Australia
   1. Step 1: Contact the Equal Opportunity Commission

      Reach out to the Equal Opportunity Commission SA for initial advice and mediation assistance.

   2. Step 2: Collect evidence

      Gather all relevant documentation related to the discrimination claim, such as emails, contracts, and written statements.

   3. Step 3: Lodge a complaint with SACAT

      If necessary, file a formal complaint with the South Australian Civil and Administrative Tribunal.

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