Terms created by law – written and oral or implied agreements This explains the general rights and obligations of landlords and tenants under leases in South Australia and also contains the names and addresses of agencies that can be contacted for further information or assistance. Housing SA reviews leases to determine whether another lease should be offered to the tenant and the length of the lease. A periodic lease is valid for a recurring period with no fixed term. Many periodic leases are oral agreements, but a periodic lease can be written, and standard form agreements are available online on the SA Gov website. Fixed-term leases can be entered into for a period of 1, 2, 5 or 10 years. There are special provisions for tenants who are victims of domestic violence. For more information, please see intervention contracts and leases. The tenant is usually required to pay a loan (also known as a deposit or lease loan). This is paid for by the tenant before moving into the house or apartment. The loan is calculated on the basis of the weekly rent. If the rent does not exceed $250 per week, the maximum requirement is four weeks` rent. However, if the weekly rent is more than $250, the maximum obligation is equivalent to a six-week rent [see Residential Tenancies Act 1995 (SA) s 61(3)].
A landlord who violates these requirements may be fined up to $5,000 [Residential Tenancies Act 1995 (SA) s 61]. Fixed-term leases (219.9 KB PDFs) are valid for a fixed term. B 12 months and contain the date on which the lease expires. The date can only be changed if the landlord and tenant agree. The Equal Opportunity Act of 1984 (SA) makes it illegal to discriminate against someone on the basis of gender, sexual orientation, gender identity or intersex status [s 40]; Race [s 62]; Old age [s 85L]; Disability [s 77]; Family or domestic partnership status, spouse`s or domestic partner`s identity, pregnancy or duty of care [s 85ZH] while trying to obtain housing. These include renting apartments, houses or rooms and staying in hotels, motels or caravan parks. For example, it would be illegal for a landlord to accept a rent application from a pregnant single woman because there was no man who was there to help. Complaints can be lodged with the Equal Opportunity Commission. For more information, see Discrimination.
Court applications can be filed either in person, by mail or online on the sacate website. Where possible, applications are heard within two weeks and no later than six weeks after submission. The court has the power to issue mandatory orders on all aspects of leases. To remain in the rental premises, the existing contract must be replaced. In these cases, the Tribunal has the power to remove the alleged author from the lease [see Residential Tenancies Act 1995 (SA) s 89A(4) (a)].