All tenancy agreements are legal contracts, including verbal contracts. Agreements should be in writing so the details are easier to prove if there’s a problem.
Tenants must be given a copy when they sign it, or within 21 days of it being signed by both the landlord and tenant.
A landlord must also keep a copy, including any changes, in paper or electronic form, for at least two years after the tenancy ends.
Both fixed and periodic lease agreements are provided by Consumer and Business Services (CBS).
Fixed term agreements
Fixed term lease agreements (251KB PDF) are for a specific term, for example 12 months, and include the date the tenancy ends.
The end date can be changed if the landlord and tenant agree. If the tenant moves out before that date, they might need to pay break lease costs.
Rent can't be increased during a fixed term agreement unless a condition is included in the agreement that allows for an increase and it will be 12 months or more since the last increase. The condition needs to say how the increase will be worked out, such as according to CPI.
Notice to end a fixed term lease
Tenant ending lease
A tenant must give 28 days’ notice to end a lease agreement at the end of the fixed term. No reason is required.
Further options exist in cases of domestic abuse, breaches by landlord, sale of premises, housing standards, requirements for community housing, special care or crisis accommodation and death of a sole tenant.
Landlord ending lease
A landlord requiring possession of their property can give at least 60 days’ notice to end a fixed tenancy with the required form and evidence.
- notice by landlord for possession - fixed (300KB PDF)
- evidence requirements for termination (300KB PDF)
The landlord can give a written notice of lease extension (250KB PDF) to a tenant if they want to extend a fixed term lease. A new lease agreement is another option. Rent can be increased with either option if there hasn’t been an increase for 12 months.
After a 60 days notice for possession is given, a landlord can’t lease the premises again for 6 months, unless the South Australian Civil and Administrative Tribunal (SACAT) gives consent.
A landlord can end a lease agreement at the end of a fixed term by giving at least 60 days notice with a required ground for termination.
- grounds required for terminating a tenancy (300KB PDF)
- landlord termination of fixed term tenancy (280KB PDF)
Once a landlord gives a termination notice for a fixed term tenancy, a tenant can give 7 days written notice to move out before the end of the fixed term.
A landlord can give 7 days notice to end a fixed term lease for breach of agreement such as property damage, unpaid water charges or unpaid rent of at least 14 days.
Immediate termination options exist for drug related conduct or when the premises have been rendered uninhabitable or unsafe. 60 days notice exists if the premises have been compulsorily acquired.
If no one gives notice the agreement continues as a periodic lease.
Extending a fixed term lease
The landlord can give a written notice of lease extension (250KB PDF) to a tenant if they want to extend a fixed term lease. A new lease agreement is another option. Rent can be increased with either option if there hasn’t been an increase for 12 months.
Short fixed term agreement
Short fixed term leases are tenancy agreements for up to 90 days. Other conditions stay the same as a traditional fixed term agreement, but prescribed grounds for termination are not required. The landlord needs to give the tenant a written notice of a short fixed term agreement (150KB PDF) as well as a lease agreement. Both documents must be signed by the landlord and the tenant.
Periodic agreements
Periodic lease agreements don't have a date the tenancy ends. They continue until either the tenant or landlord give the required written notice to end the tenancy.
Notice to end a periodic agreement
Tenant ending lease
The tenant must give at least 21 days written notice (244.5 KB PDF) or one month's written notice if rent is paid monthly, to end a periodic agreement for no reason. The landlord can agree to accept less notice but this should be in writing.
Landlord ending lease
The landlord requiring possession of their property needs to give at least 60 days written notice to end a periodic agreement with the required form and evidence:
After a 60 days notice for possession is given, a landlord can’t lease the premises again for 6 months, unless the South Australian Civil and Administrative Tribunal (SACAT) gives consent.
A landlord using specific reasons to end a periodic tenancy must give the tenant at least 90 days notice in writing and an allowable reason.
- Notice by landlord for specific reason - periodic
- Specific reasons required for terminating a tenancy
A landlord can give 7 days notice to end a periodic lease for breach of agreement such as property damage, unpaid water charges or unpaid rent of at least 14 days.
Immediate termination options exist for drug related conduct or when the premises have been rendered uninhabitable or unsafe. 60 days’ notice exists if the premises have been compulsorily acquired.
Lease conditions
Extra conditions can be included in a lease agreement as long as they comply with tenancy laws - examples of inappropriate conditions (258.0 KB PDF) .
Details can’t be changed on an existing lease agreement unless the:
- tenant agrees to the new conditions
- changes are written clearly on the original lease agreement
- changes are signed by both the tenant and landlord.
The landlord must give a copy of the changed agreement to the tenant and keep one for their records.
Consideration payments
Landlords can ask a prospective tenant for a consideration payment - deposit - before the lease agreement is signed. Paying this deposit shows they’re agreeing to sign a lease agreement at a later date.
If the prospective tenant doesn’t sign at a later date, the landlord could keep all or some of the deposit. If they do sign the lease agreement, the landlord must put that money towards the rent.
Contact CBS Tenancies
Email: ocbatenancyadvice@sa.gov.au
Phone: 131 882
Post:
GPO Box 965
Adelaide SA 5001
