How can a tenancy agreement be terminated in South Australia?

A fixed term tenancy agreement is binding and cannot be terminated early unless both parties agree in writing or unless one or both parties are in breach of the agreement. If either party does not intend to renew the agreement, they should give notice in writing to the other party prior to the end of the term.

If the tenancy is a periodic tenancy, and the tenant is not in breach of the agreement, s/he must give the landlord at least 21 days notice in writing, or a period equivalent to one rental period (whichever is longer) specifying the day on which they will deliver up possession of the premises.

In the case of a periodic tenancy, the landlord may give 90 days' notice in writing where there is no breach of the agreement. The landlord can also give 60 days' notice where he or she requires possession of the premises for either:

* his or her own occupation or that of his or her immediate family;
* major renovations;
* demolition; or
* where a contract for sale of the premises has been signed and the contract specifies vacant possession.

On what grounds can a landlord evict a tenant?

A landlord can evict a tenant for a number of reasons, including:

(a) rent or part of the rent 14 days or more in arrears;
(b) a breach of the tenancy agreement;
(c) causing or permitting interference with the reasonable peace, comfort or privacy of other tenants or neighbours;
(d) damage to the premises;
(e) a fixed term tenancy has expired, or a tenant has given notice of intent to vacate and has not vacated the premises.

If the tenant is in breach of the agreement, and the breach is not remedied within the time specified in the landlord's notice, and the tenant does not vacate the premises the landlord can then apply to the Residential Tenancies Tribunal to obtain vacant possession of the premises. Only a bailiff at the direction of the Tribunal, enforcing an order of the Tribunal, can physically evict a tenant.



The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.

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