Your Rights: Notice Periods & Terminations in SA

Renting a home in South Australia involves understanding specific rights and responsibilities, especially regarding notice periods and tenancy termination. Being informed about these aspects can help protect your rights and aid in efficient conflict resolution.

Understanding Notice Periods

In South Australia, the Residential Tenancies Act 1995 governs the notice periods landlords and tenants must follow. Notice periods depend on the reason for tenancy termination and the type of agreement.

Notice Periods for Landlords

• No Specified Reason: Landlords must provide at least 90 days' notice.
• End of Fixed Term: A minimum of 28 days' notice is required before the agreement ends.
• Breach of Agreement: If a tenant breaches the agreement, the landlord may issue a notice to remedy, typically giving 14 days to resolve the issue.

Notice Periods for Tenants

• No Specified Reason: Tenants must provide at least 21 days' notice.
• End of Fixed Term: Tenants should also give 28 days' notice.
• Severe Hardship: Tenants may apply to terminate the lease without notice, subject to approval by the South Australian Civil and Administrative Tribunal (SACAT).

Terminating a Tenancy

Both landlords and tenants must adhere to the specified notice periods when terminating a tenancy. Notices should be in writing and can be served personally, by post, or electronically if agreed.

Action Steps for Tenants

1. Review Your Lease Agreement: Understand your obligations and check any specific clauses regarding termination.
2. Provide Written Notice: Draft a written notice using Form 4 - Notice by tenant to landlord and serve it as per the method outlined in the agreement.
3. Attend SACAT if Necessary: If termination is contested, you may apply to SACAT for resolution.

Frequently Asked Questions

1. What happens if I don't follow the notice period? Not adhering to the notice period can lead to disputes and possible legal action. Following the correct procedures protects your rights.
2. Can I leave before the notice period ends? Leaving early can result in being liable for rent until a replacement tenant is found or the notice period ends.
3. What if my landlord wants me out before the lease ends? Unless you've breached the agreement, landlords must honour the lease until the specified end or secure mutual agreement for early termination.

Need Help? Resources for Renters

If you need further assistance, consider reaching out to the following resources:

• South Australian Civil and Administrative Tribunal (SACAT) - for resolving disputes related to tenancy issues.
• RentRight SA - offers advice and advocacy for South Australian renters.
• SA.GOV.AU Renting and Letting - official government resource for renting in South Australia.

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1. Residential Tenancies Act 1995 (SA)
2. Fair Trading Act 1987 (Cth)

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