The Residential Tenancies Amendments Act came into force 1st July 2024.
The tenant may give 21 days’ written notice.
The landlord may give 60 days' written notice of termination on one of the following grounds:
• where the landlord requires possession of the premises for the landlord's own occupation, or occupation by the landlord's spouse, child or parent, or occupation by the spouse of the landlord's child or parent
• where the premises are required for demolition
• where the premises have been sold, to be given any date from the signing of the contract of sale
• where possession of the premises is required for repairs or renovations that cannot be carried out conveniently while the tenant remains in possession of the premises
A tenant may give up possession of the premises prior to the 60-day notice period if served with a termination notice on the above grounds and won’t be liable to pay rent after giving 7 days’ written notice.
The landlord may give 90 days’ written notice of termination on one of the following grounds:
• the tenant or visitor gave rise to a serious risk to the life, health or safety of the landlord/agent or person residing nearby
• the tenant or other person residing at the premises threatened or intimidated the landlord/agent/contractor or employee of the landlord/agent
• the tenant kept a pet on the premises without authorisation
• the tenant induced the landlord to enter into the tenancy using a false, misleading or deceptive statement or by knowingly concealing a material fact regarding their identity or workplace
• the tenant no longer meets the landlord charity’s eligibility requirements
• the tenant no longer meets the landlord National Rental Affordability Scheme approved participant’s requirements
• the tenant is no longer a student of the relevant educational institution
• the tenant is no longer the landlord’s employee
Unless mutually agreed, neither the landlord nor the tenant can terminate a fixed term agreement before the end of the term without being held responsible for costs associated with finding a new tenant.
The tenant may terminate a fixed term agreement at the end of the term after giving at least 28 days’ written notice.
A landlord may terminate a fixed term agreement at the end of the term by giving at least 60 days’ written notice on one of the following grounds of termination:
• the landlord requires possession of the premises for the landlord's own occupation, or occupation by the landlord's spouse, child or parent, or occupation by the spouse of the landlord's child or parent
• where the premises are required for demolition
• where possession of the premises is required for repairs or renovations that cannot be carried out conveniently while the tenant remains in possession of the premises
• where the premises has been sold and the new purchaser requires vacant possession
• the tenant or visitor intentionally or negligently caused serious damage to the premises to an area near the premises or to safety equipment on/near the premises
• the tenant or visitor gave rise to a serious risk to the life, health or safety of the landlord/agent or person residing nearby
• the tenant caused/permitted the premises to be unfit for human habitation, destroyed totally or to the extent that they are unsafe
• the tenant or other person residing at the premises threatened or intimidated the landlord/agent/contractor or employee of the landlord/agent
• the tenant has been given 2 breach notices and has breached the residential tenancy agreement in the same/substantially similar manner a third time
• the tenant has used/caused the premises to be used for an illegal purpose (including drug related conduct) • the tenant failed to pay the bond
• the tenant kept a pet on the premises without authorisation
• the tenant induced the landlord to enter into the tenancy using a false, misleading or deceptive statement or by knowingly concealing a material fact regarding their identity or workplace
• the tenant no longer meets the landlord charity’s eligibility requirements Page 20
• the tenant no longer meets the landlord National Rental Affordability Scheme approved participant’s requirements • the tenant is no longer a student of the relevant educational institution
• the tenant is no longer the landlord’s employee. If a notice of termination is not given by either party, the agreement will continue as a periodic tenancy.
At the end of a fixed term tenancy, if 60 days’ notice is given to a tenant and the tenant has not vacated the premises, the landlord may apply to the South Australian Civil and Administrative Tribunal (SACAT) for an order for possession of the premises.