11 Apr 2021

Under South Australian law, there is no minimum or maximum duration of the agreement. The tenant can apply to the South Australian Civil and Administrative Tribunal (SACAT) to reinstate a tenancy agreement if the breach has been corrected or if the tenant does not believe that he has breached the agreement. A one-year temporary lease is offered to tenants if they enter into the following lease agreement with essential questions: short-term fixed-term leases are leases of up to 90 days. Other conditions remain the same as a traditional temporary agreement. At the beginning of the lease, the lessor must provide the tenant with a short-term fixed-term contract (149.5 KB PDF) as well as a written lease. Both documents must be signed by the landlord and tenant. To determine whether a section 80 violation (breach of contract) has been corrected [s 72(1) (h)] Tenant Information The landlord must also ensure that the tenant receives a copy of the South Australia rental information brochure before moving in. The brochure informs the tenant of the rights and obligations of the landlord and tenant as part of the agreement. In addition, a lease agreement may also specify that all leases are legal contracts, including oral agreements. However, if this is done in writing, the details of the agreement are easier to verify if there is a problem. A written lease agreement must include: under the Residential Tenancies Act 1995 (SA), the lessor must bear the costs of its preparation [s 50].

At the time of signing the tenancy agreement, the lessor must issue a copy to the tenant and, if the lessor has not yet signed the contract on that date, provide the tenant with a properly executed copy within 21 days of the signing or as soon as possible after the expiry of the contract [s 49(6)]. Tenants and landlords can agree on additional conditions that apply to the contract in addition to the legal provisions. Additional provisions cannot oppose, amend or attempt to exclude any of the provisions of the legislation from the application of the agreement. While a landlord does not have to agree to allow a tenant to leave the country, at the same time, a tenant cannot be forced to stay. If the tenant leaves without reaching an agreement with the lessor (i.e. renouncing the tenancy agreement), the lessor has the right to recover certain costs. However, the landlord must mitigate (reduce) the damage caused by the abandonment of the tenant by looking as quickly as possible for another tenant for the premises. The tenant`s responsibility to the landlord for the exit of the tenancy agreement is for the rent until the date of relocation or until the end of the fixed term (depending on what is earlier) and all or part of the advertising and relocation costs.