What are my rights as a tenant in South Australia?
The tenant has the right to quiet enjoyment of the rented premises without interruption by the landlord. This means that the landlord is under an obligation not to do anything or to allow anything to happen which may interfere with the reasonable peace, comfort or privacy of the tenant during the tenancy.
How much notice does a landlord have to give a tenant to move out in South Australia?
The landlord needs to give at least 90 days written notice to end a periodic agreement (269.9 KB PDF) for no specific reason, or can give 60 days’ written notice if: the property owner wants to live in the property.
Who is responsible for cleaning gutters in a rental property South Australia?
It is the landlord’s responsibility to ensure that gutters function as it should at all times. If blockages in the gutters occur, due to the tenant’s negligence or failure to bring the issue to the landlord’s knowledge in a timely manner, then the cleaning and repairs should be at their expense.
What is the most common type of tenancy agreement?
Using a tenancy agreement You need a tenancy agreement for every other residential letting situation. The most common type is an assured shorthold tenancy agreement (mostly abbreviated to AST).
What are the two types of tenancy?
Fixed term and periodic agreements
- end a fixed term tenancy early.
- move out at the end of a fixed term.
- end a periodic tenancy.
What damage is a tenant liable for?
Any damage that’s caused by the tenant or their guests falls to the tenant to repair. Damage that happens over time, like cracks in the wall or other types of wear and tear, is the responsibility of the property’s owner to fix, as it’s their duty to ensure their property is fit for someone to live in.
What happens when a tenant doesn’t move out?
If you don’t move out by the day in the notice, the landlord can ask the NSW Civil and Administrative Tribunal (NCAT) for a termination order. A termination order means the rental agreement is ended. The order will state the day when you must give vacant possession – that is, you move out and return the keys.
How much can a landlord increase rent in South Australia?
There is no limit to the amount by which rent can be increased. A tenant who thinks that rent is excessive can apply to the South Australian Civil and Administrative Tribunal (SACAT) for an order to that effect. If the Tribunal finds that the rent is excessive it can fix a maximum rent for up to one year.
How often landlord have to change carpet?
A good quality carpet in rental property should last for about 10 years with normal wear and tear. When a carpet wears out and it has not been damaged by the tenant, the landlord is usually responsible for replacing it.
How often should carpet be replaced in a rental Australia?
The standard depreciation period of carpets in Australia is 10 years. The cost of replacing after that falls on the landlord. So, a tenant, who has lived in the property for 10 years and has caused no damage to the carpet, can’t be charged for carpet replacement.
When does the Residential Tenancies Act apply in SA?
Agreements where the tenant is a party to a contract for the sale or purchase of the premises that confers a right to occupy the premises for a period of 28 days or less are now covered by the Residential Tenancies Act 1995 (SA). Where the agreement is for a period of more than 28 days the Act does not apply. For further…
What was the Residential Tenancies Act of 1995?
Residential Tenancies Act 1995 An Act to regulate the relationship of landlord and tenant under residential tenancy agreements; and for other purposes. Contents
Who is responsible for signing a tenancy agreement?
A tenancy agreement is normally in writing and signed by both the tenant and landlord. All tenancy agreements are legal contracts, including verbal agreements. However, if it’s in writing, the details of the agreement are easier to check if there is a problem.
What to do if you have a housing dispute in SA?
If you have a residential renting, leasing or community housing dispute, you should first try to find a solution by discussing it with the other person. Find out more about Resolving disputes on SA.GOV.AU website.