Residential tenancy lease agreement sa
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Residential Tenancies
The Residential Tenancies (Miscellaneous) Amendment Act 2023 (SA) and associated regulations came into force on 1 July 2024. These brought about a number of changes to the law in relation to tenancies. For more information, please refer to Consumer and Business Services, SA Rental reform update July 2024. This section of the handbook has now been updated to reflect these changes.
This section is concerned with renting a home and other types of accommodation covered by the Residential Tenancies Act 1995 (SA), and the relationship between landlords and tenants.
The Residential Tenancies Act 1995 (SA) applies to most residential tenancy agreements.
Not all kinds of tenancies are covered by this Act, for example, caravan park tenants are covered by the Residential Parks Act 2007 (SA), and boarders and lodgers are still regulated by the common law and certain other statutes.
In addition, the rights and obligations of members of a housing co-operative (whether registered or not) differ slightly from those of other tenants. For more information, please refer to Public Housing.
The following agreements are not covered by the Residential Tenancies Act 1995 (SA) [s 5]:
- where the premises are part of a hotel or motel;
- where the premises are part of an educational institution, college, hospital or nursing home;
- where the premises are used for the purposes of a club;
- where the premises are used as a home for aged care or people with disability by an eligible organisation;
- where the premises are part of retirement village under the Retirement Villages Act 2016 (SA);
- where the premises are part of a supported residential facility under the Supported Residential Facilities Act 1992 (SA);
- where the premises are part of a building in which other premises are let by the landlord to the tenant for the purposes of a trade, profession or business carried on by the tenant [Residential Tenancies Regulations 2010 (SA) reg 6];
- where the premises are on land let by the landlord to the tenant for the purposes of a trade, profession or business (including agriculture) carried on by the tenant [reg 6 (1)(b)];
- where the premises are a residential park, for example, a caravan park (covered by the Residential Parks Act 2007 (SA);
- where the tenant is a boarder or lodger in premises other than a rooming house [Residential Tenancies Act 1995 (SA) s 5(b)], refer to Boarders and Lodgers;
- where the premises are used for holiday purposes only. If the agreement is for a serviced apartment for 60 days or more it is up to the landlord to prove that the agreement is in respect of holiday premises [see reg 6(2)];
- where the agreement arises under a mortgage over the premises
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 tenancy information see The SA Gov website regarding Renting. The website also has information on renting explained in various languages.
