Tenancy Agreements in South Australia: What Landlords and Tenants Need to Know

Renting a property can be an exciting and daunting experience. As a tenant, you want to ensure that your rights are protected, and as a landlord, you want to safeguard your property and ensure that your tenants adhere to their obligations. A tenancy agreement is a crucial document that outlines the rights and responsibilities of both parties. In South Australia, the Residential Tenancies Act 1995 regulates the rights and obligations of landlords and tenants.

Here are the key things you need to know about tenancy agreements in South Australia:

1. What is a tenancy agreement?

A tenancy agreement is a legally binding agreement between a landlord and tenant that outlines the terms and conditions of renting a property. It includes information such as the rent amount, payment due dates, period of the tenancy, security bond, and other terms and conditions.

2. Types of tenancy agreements

In South Australia, there are two types of tenancy agreements. A fixed-term tenancy agreement has a specific end date, and a periodic tenancy agreement (also known as a month-to-month tenancy) has no end date and is ongoing until either party gives notice to end the agreement.

3. Including essential terms in a tenancy agreement

A tenancy agreement must contain essential terms that include the rent amount, payment due dates, security bond, period of the tenancy, and any other terms agreed between the landlord and tenant. It is advisable to seek legal advice to ensure that your tenancy agreement complies with the Residential Tenancies Act 1995.

4. Security bond

A security bond is a payment made by the tenant to the landlord as security against any breaches of the tenancy agreement. In South Australia, the maximum amount of the bond is four weeks` rent, and it must be lodged with the Residential Tenancies Bond Authority (RTBA).

5. Rent increases

A landlord can only increase the rent once every 12 months and must provide the tenant with written notice at least 60 days before the increase takes effect. The notice must include the new rent amount, the date of the increase, and any other relevant details.

6. Repairs and maintenance

A landlord is responsible for maintaining the property in a reasonable state of repair and ensuring that all essential services (such as water, gas, and electricity) are provided. A tenant must notify the landlord promptly if any repairs or maintenance are required and give the landlord reasonable access to the property to carry out any necessary work.

7. Termination of a tenancy agreement

A tenant can end a periodic tenancy agreement by giving at least 21 days` written notice to the landlord. A landlord can terminate a tenancy agreement if the tenant breaches the terms of the agreement or if the landlord needs the property for personal use (such as for renovation or sale). The notice period depends on the reason for termination.

8. Dispute resolution

If a dispute arises between a landlord and tenant, they should first try to resolve it between themselves. If this is not possible, they can seek the assistance of a mediator or apply to the South Australian Civil and Administrative Tribunal (SACAT) for a hearing.

9. Renting with pets

Landlords can choose whether or not to allow pets in their rental properties. If a landlord allows pets, they may request a pet bond, which is separate from the security bond and is used to cover any damage caused by the pet.

10. Seeking legal advice

It is always advisable to seek legal advice before signing a tenancy agreement or if any disputes arise. A lawyer can provide guidance on your rights and obligations and represent you in court or at SACAT if necessary.

In conclusion, a tenancy agreement is a crucial document that outlines the rights and obligations of landlords and tenants in South Australia. It is essential to ensure that your tenancy agreement complies with the Residential Tenancies Act 1995 and includes essential terms. Seek legal advice if you have any concerns or need assistance with any aspect of renting a property.