Info & FAQ for Renters

• A fixed-term lease agreement is set for a defined period of time, and has set start and end dates.
• They’re usually for 6 or 12 month periods, though there are short term leases for up to 90 days.
• Landlords must give at least 60 days’ notice if the lease is not being renewed, and they must have prescribed grounds to terminate (end) the tenancy.
• Tenants must give at least 28 days’ notice to terminate the lease.
• If no notice is given, and no new fixed-term lease is offered, the tenancy will automatically roll over into a periodic lease after the fixed-term’s end date.

• A periodic lease agreement has a start date, but no end date, and can continue indefinitely.
• Landlords must give at least 60 days’ notice if the lease is not being renewed, and they must have prescribed or specific grounds to terminate a tenancy. If the landlord gives specific grounds for the termination, they must give at least 90 days’ notice.
• Tenants must give at least 21 days’ notice (or 1 months’ notice if rent is paid monthly) to terminate the lease.

A bond is a security deposit paid by the tenant and held by the government. The landlord can use some or all of the bond after a lease is terminated, for repairs to the property or to cover unpaid rent. The remainder is refunded to the tenant.

The current maximum bond amount is 4 weeks’ rent, if the weekly rent is $800 or less. If the weekly rent is over $800, the landlord can ask for up to 6 weeks’ rent as bond.

Is this confusing? Yes. Is this way too much? Also yes. Here’s two examples:

From July 2024, bonds can be lodged by the tenant directly to the government. Login or create a Residential Bonds Online (RBO) account to lodge your bond online.

If you pay bond to the landlord or agent, they have two or four weeks, respectively, to lodge it with Consumer and Business Services. You will need to connect the bond with your RBO account after it’s been lodged.

The SA Housing Trust can help pay the bond, and up to two weeks’ rent in advance, if you’re eligible.

Check their website for more information.

When signing the rental contract, you can negotiate and agree to a way you’d prefer to pay rent. This is most commonly via direct bank transfer, BPAY, or cash.

Regardless of the payment method chosen, unless a fee is charged to you directly by a third party, landlords cannot charge any fees for the processing of rent payments, and must offer you at least one fee free electronic payment option.

Rent can only be increased once every 12 months, with at least 60 days’ written notice.

Unfortunately, there is currently no cap on the amount a landlord can raise the rent by – one of the many reasons we need stronger rent reforms and controls, and a rent freeze. But you don’t have to accept a proposed rent increase – you can negotiate the amount directly with the landlord/agent.

Landlords are banking on the pressures of the housing crisis and the threat of houselessness to force you into accepting whatever offer you’re given, and will aim high on their offers. However, they often don’t want the hassle of having to find new tenants, and may compromise if it means it’s easier for them.

Here’s some advice for negotiating an offer:

• Figure out the price you feel is reasonable, but understand that you may have to compromise on this figure.
• Don’t decline the initial offer, but give a counter offer and explain why you feel that’s a reasonable cost.
• Avoid directly saying that the current offer is unreasonable, even if you know it is.
• Find similar properties in the area around that cost, and link them to your landlord – it can help to provide some examples to justify your price point.
• If you don’t feel comfortable negotiating on your own, RentRight can help with advocacy and support.

You should aim to respond before 28 days to the end of the lease, since this is the minimum notice period you need to give if you decide to not renew, but know the current offer can be revoked by the landlord at any time if they change their mind.

With that said, now there needs to be prescribed grounds for termination – but with no cap on rent increases, you can still be forced out of your home by “choosing” to not accept an unreasonable rent increase.

If you’ve been unable to negotiate an offer down, and you believe the landlord is trying to force you out by increasing the rent significantly, or the increase is simply excessive, contact SACAT as soon as possible. If they agree, that offer can be voided and SACAT can negotiate on your behalf.

Check SACAT’s Excessive Rent Applications page for the criteria and more information.

If you’re experiencing domestic abuse, you can end your lease early directly with your landlord or agent. You’ll need to fill out Form 15 (Notice of Termination by Tenant on Grounds of Domestic Abuse) and send it to your landlord/agent. You also need to give them a copy of any intervention orders, or a signed report from an authorised professional stating that you’re at risk of domestic abuse.

Check the CBS Domestic Abuse Protections document for more information.

No. From July 2024, there must be prescribed grounds for the termination of a tenancy by the landlord. These are:

• Renovations or repairs that can’t be done conveniently/safely with people living on the property.
• The property has been or is being sold, and a contract condition states the property will be vacant.
• The property is being demolished.
• The landlord or landlord’s direct family (spouse, child, parent, in-laws) wish to move in.

There’s slightly different laws for Fixed-Term and Periodic leases:

Fixed-Term:

• If the landlord chooses not to renew the lease, they must give at least 60 days’ notice.
• Tenants must give at least 28 days’ notice to terminate.
• Fill out Form 17 if you’re doing that.

Periodic:

• There must be at least 60 days’ notice given if the lease is not being renewed by the landlord.
• Tenants must give at least 21 days’ notice, or 1 month’s notice if rent is paid monthly.
• Here’s Form 16, if you wish to do that.

Under specific circumstances, leases can be terminated immediately or with shorter notice periods, by either the tenant or the landlord. For the full list, check the CBS document on terminating leases.

Make sure you take pictures of everything after you’ve cleaned and cleared the property – this will be critical for settling any potential bond disputes.