Landlord Guide to Renting in South Australia

Landlords in South Australia must provide a written tenancy agreement using the prescribed form. The agreement can be fixed-term or periodic. A copy of the signed agreement and the tenant's guide ('Looking After Your Interests') must be given to the tenant before the tenancy begins.

• Written tenancy agreements must use the prescribed form under the Residential Tenancies Act 1995
• Fixed-term and periodic agreements are both permitted
• Landlord must provide a signed copy and the CBS tenant information booklet
• Terms that contradict the Act are void and unenforceable

The maximum bond in South Australia is four weeks' rent (or six weeks' rent where the weekly rent exceeds a prescribed amount). The bond must be lodged with Consumer and Business Services (CBS) within two weeks of receipt.

• Maximum bond: 4 weeks' rent (6 weeks if weekly rent exceeds the prescribed threshold)
• Bond must be lodged with CBS within 2 weeks of receipt
• CBS holds the bond for the duration of the tenancy
• Bond may cover unpaid rent, damage beyond fair wear and tear, and cleaning costs

South Australian landlords must disclose relevant information about the property before the tenancy agreement is signed. The condition report is a critical document for both parties when assessing bond claims at the end of the tenancy.

• Condition report must be completed jointly at the start of the tenancy
• Disclosure of any known health or safety hazards (e.g., asbestos, flooding history)
• Disclosure of any strata or community title by-laws that affect the tenant
• Landlord must inform the tenant of any council or government orders affecting the property

Landlords must offer the tenant a means of paying rent that does not incur transaction fees. Rent in advance is limited to two weeks for periodic tenancies. Receipts must be provided for all cash payments.

• At least one fee-free rent payment method must be offered
• Maximum rent in advance: 2 weeks (periodic and fixed-term)
• Receipts must be issued for cash rent payments
• Precise records of rent received must be maintained by the landlord or agent

Landlords must keep the premises in a reasonable state of repair, having regard to their age, character, and prospective life. Emergency repairs must be attended to promptly, and non-emergency repairs within a reasonable time.

• Landlord must maintain the property in a reasonable state of repair throughout the tenancy
• Emergency repairs (e.g., gas leak, burst water pipe, dangerous electrical fault) must be carried out promptly
• Non-emergency repairs should be completed within a reasonable time after notification
• If the landlord fails to act, the tenant may apply to SACAT for a repair order or arrange emergency repairs up to a prescribed limit

A landlord may only enter the property in circumstances permitted by the Residential Tenancies Act 1995 and must provide the required notice. Entry is limited to reasonable hours.

• Routine inspections: no more than once every 4 weeks, with at least 7 days' notice
• Entry for repairs: at least 48 hours' notice
• Entry in an emergency: no notice required
• Entry hours: between 8:00 am and 8:00 pm unless the tenant agrees otherwise

Rent may only be increased once every 12 months. The landlord must give at least 60 days' written notice. A tenant may apply to SACAT if they believe the increase is excessive.

• Maximum one rent increase per 12-month period
• At least 60 days' written notice required
• Fixed-term agreements may only allow increases if the method or amount is specified in the agreement
• Tenant may apply to SACAT for a review of an excessive increase

The notice period required to end a tenancy in South Australia depends on the type of agreement and the reason for termination. Both landlords and tenants must comply with prescribed minimum notice periods.

• Landlord ending a periodic tenancy (no specified reason): 90 days' notice
• Tenant ending a periodic tenancy: 21 days' notice
• End of fixed-term tenancy: 28 days' notice by the landlord if not renewing
• Non-payment of rent: 14 days' notice to remedy

A landlord cannot forcibly remove a tenant without an order from SACAT. If the tenant does not vacate after receiving a valid termination notice, the landlord must apply to SACAT for a possession order.

• Self-help evictions (e.g., changing locks, removing possessions) are illegal
• Landlord must apply to SACAT for a termination and possession order
• SACAT may grant immediate termination for serious breaches (e.g., property damage, illegal use)
• A warrant for possession is enforced by SA Police or the Sheriff

At the end of the tenancy, both parties should complete the final condition report and agree on any deductions. The landlord or tenant lodges a bond disposal form with CBS. Disputes are resolved by SACAT.

• Bond disposal form must be lodged with CBS
• If both parties agree, the bond is refunded with no deductions or as agreed
• If there is a dispute, either party may apply to SACAT for a determination
• The final condition report is key evidence for any claim against the bond