Understanding Notice Periods & Terminations in South Australia

Navigating the ins and outs of renting in South Australia can feel daunting, especially when it comes to understanding notice periods and tenancy terminations. Fortunately, knowing your rights and responsibilities can help you manage these situations with confidence and clarity.

Notice Periods for Ending a Lease

In South Australia, the Residential Tenancies Act 1995 governs the circumstances under which a lease can be terminated, including the required notice periods.

Notice by Tenant

• If you decide to move out at the end of your fixed-term lease, you must provide the landlord with at least 28 days' notice before the end of the term.
• For periodic agreements, you need to give a minimum of 21 days' notice.

When submitting your notice, using a written format like an email or a notice form ensures your intent is recorded.

Notice by Landlord

• For termination at the end of a fixed-term lease, landlords must provide at least 28 days' notice.
• If a landlord intends to end a periodic lease, they must give at least 60 days' notice.
• Situations such as property sale may allow landlords to terminate earlier with adequate notice.

Forms to Send and Receive

Ending a Lease Agreement

To legally end your tenancy, you’ll need to fill out the Notice of Termination form. It’s important to follow the correct procedures, which can prevent disputes or unwanted penalties.

• Request the termination form from South Australia's Housing Authority.

Ensure any important notices are signed and dated properly to avoid future disputes.

Common Questions About Termination

• Can a landlord terminate without notice? Generally, landlords must provide notice. However, if there has been a severe breach of the agreement, they may apply directly to SACAT for an order.
• What if I need to leave before the term ends? You might need to negotiate with the landlord or find a replacement tenant to avoid financial penalties.
• Who handles disputes? The South Australian Civil and Administrative Tribunal (SACAT) handles disputes related to rental agreements.

Need Help? Resources for Renters

If you're facing challenges with your rental agreement, several resources can offer guidance and support.

• South Australia's Consumer and Business Services - Offers advice on resolving tenancy disputes.
• SACAT - Handles applications about renting matters.
• RentRight SA - Provides assistance and support for tenancy-related issues.

---

1. What should I do if I haven't received proper notice? Contact the landlord to clarify. If unresolved, consider seeking advice from SACAT.
2. How long does a landlord have to make a final inspection? Usually, it’s completed in the last week of your tenancy, often on or near the move-out date.
3. Can I challenge a termination notice? Yes, you can apply to SACAT for a review if you feel the notice is unjust.

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