A. Pursuant to the South Australia Residential Tenancies Act 1995, if the tenancy is under a fixed term lease, either the tenant or the landlord can terminate the tenancy by giving the other party at least 28 days' written notice prior to the end of the lease term. If no one gives notice, the tenancy will continue as a periodic tenancy (i.e. weekly, monthly, etc).
For periodic tenancies, the tenant must give the landlord at least 21 days' written notice, or one month's written notice if the rent is paid monthly. The landlord must give the tenant at least 90 days' written notice if the tenancy is being terminated for no specific reason, or 60 days' written notice if the tenancy is being terminated for any of the following reasons:
If the landlord gives a 60-day notice for any of the above reasons, the landlord cannot enter into another tenancy agreement for the property for a period of 6 months unless they obtain the consent of the SA Civil and Administrative Tribunal.
A. The tenancy agreement is not required by law to be in writing. A verbal agreement is a legally binding contract, so long as all parties have agreed to the terms. However, it is best to have a written contract so that everyone is clear on the terms and conditions at the time the agreement is finalized. This is especially important if a conflict arises later between the landlord and tenant. The tenants must be provided a copy of the agreement no later than 21 days of it being signed by all parties. The landlord is required to keep a copy of the written agreement and any amendments made to it for a period of at least two years after the end of the tenancy.