South Australia Periodic Lease Agreement
All new Housing SA tenants will be offered a 12-month trial lease. However, if you rent a building for less than 60 days and for a leave of absence, you should not have a rental agreement. 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 the case of a regular tenancy agreement, the tenant must submit a written termination to the lessor at least 21 days before the lease expires. However, if each tenancy period is longer than 21 days, the tenant must submit a written notification to the lessor equal to a single period of time. There are special provisions for tenants who are victims of domestic violence. For more information, please see intervention contracts and leases. In SA, this standard residential lease form should be used for contracts entered into: in the case of fixed-term leases, landlords can only increase the rent if they have certain conditions in the tenancy agreement for rent increases. In all cases, the owner can only increase once over a 6-month period. The landlord must give written notice to the tenant at least 60 days before the rent increase.
The conditions in the standard form agreement do not constitute a complete list of legislation in south Australia. Although the rules apply regardless of whether or not they are included in the agreement, tenants and landlords should try to include each term in the written document, where possible. A periodic lease agreement may be pursued indefinitely. It repeats automatically until something is done by the parties to end it – see the end of a lease. Fixed end date – A lease agreement with a fixed end date gives a guarantee for both the landlord and the tenant. It indicates the exact day of the end of the lease. The advantage is that neither party is obliged to terminate the lease to terminate the lease, it simply expires on the specified date. In a fixed-term lease, the lessor cannot increase the rent or change other terms of the tenancy agreement unless he expressly reserves the right in the contract and the tenant accepts the changes. Before entering into an agreement, a lessor must tell a potential tenant whether they have put the property up for sale or intend to approve it through existing sales agency agreements. If this is not the case and the owner sells the property within the first 2 months of the contract, the tenant can give the landlord a termination for real estate (242.0 KB PDF) (form 4A). As a general rule, a lease cannot be legally terminated before a limited period expires, unless it has a particular reason, as shown below for the landlord and tenant. A termination before the expiry of the fixed term without a legitimate reason may mean that the party terminating the contract must compensate the other party.
The rent cannot be increased during a temporary agreement, unless a condition is included in the agreement that allows for an increase. As a general rule, if the landlord or tenant suffers some kind of loss as a result of the violation of the other part of the agreement, then they are entitled to compensation. A claim for compensation should be lodged with the Court of Justice. Signing incentives are bonuses given by the landlord to the tenant, usually for signing a tenancy agreement or signing a fixed-term tenancy agreement.