Understanding Rent, Bond & Holding Deposits in SA

If you're renting in South Australia, understanding your rights and responsibilities regarding rent, bond, and holding deposits is crucial. Navigating these aspects can sometimes be challenging, but knowing the basics can help you make informed decisions and protect your legal rights.

Rent in South Australia

As a tenant, you must pay the agreed rent on time. Your lease agreement will detail the amount and frequency of rent payments. In South Australia, rent is usually paid in advance, weekly or fortnightly, unless otherwise agreed.

Rent Increases

Landlords can only increase rent for periodic leases once every 12 months and must provide a minimum of 60 days' written notice. For fixed-term leases, rent can only be increased during the lease if the agreement allows it, with the same notice period. To dispute an increase, you can apply to the South Australian Civil and Administrative Tribunal (SACAT).

Bonds and Holding Deposits

A bond in South Australia serves as financial security for the landlord against potential damages or unpaid rent. The maximum bond is the equivalent of four weeks’ rent if the weekly rent is $250 or less, or six weeks' rent if above.

Submitting a Bond

Bonds must be lodged with Consumer and Business Services (CBS). You can confirm your bond has been lodged by contacting CBS here.

What is a Holding Deposit?

A holding deposit is paid to secure a rental property before signing the lease. It's crucial to understand that this deposit is part of the rent if you proceed but may be forfeited if you decide not to take the property.

Forms and Resources for Tenants

• Form 2: Payment of Bond Money to the Landlord - Used when submitting your bond with the landlord. Download it from the official website.
• Form 4: Notice of Rent Increase - Used by landlords to notify you of a rent increase. More details can be found here.

Tip: Always keep copies of notices, correspondence, and rent receipts as these can be crucial if disputes arise.

1. How do I get my bond back? When your lease ends, request the return of your bond using the Claim for Refund of Bond (Form 4). Ensure the property is in its original condition, and you have no outstanding rent.
2. Can I negotiate rent increases? Yes, if you feel a rent increase is unjustified, discuss your concerns with your landlord. Should negotiations fail, you have the right to apply to SACAT for a review.
3. Do I need a receipt for rent payments? Absolutely. Your landlord must provide a receipt unless paid into a bank account. Receipts are essential for keeping track of payments.

Need Help? Resources for Renters

• SACAT: Handles tenancy disputes.
• South Australia Government Housing: Offers advice and forms related to renting.
• Legal Services Commission of South Australia: Provides free legal advice for renters.

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Key Takeaways:

• Be informed about your rental rights and obligations under the Residential Tenancies Act 1995.
• Keep clear records of all transactions and correspondences with your landlord.
• Access resources for disputes or questions regarding your tenancy.

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