STANDARD TERMS
1. Definitions
In this agreement the following words have the following meanings:
Common Area means those parts of the Premises which the LANDLORD may make available for use by the TENANT which may be in common with other tenants.
Inspection Sheet means the inspection sheet provided by the LANDLORD to the Tenant in accordance with the Section 4 of the Residential Tenancies Regulations 2010 (SA).
Premises means the premises to which this agreement relates and includes the Common Area and may include other premises leased to other tenants.
Regulations means the Residential Tenancies Regulations 2010 (SA)
Residential Tenancies Act means the Residential Tenancies Act 1995 (SA).
2. Application of Residential Tenancies Act and Regulations
The Residential Tenancies Act and Regulations apply to all residential tenancy agreements in South Australia. An agreement or arrangement that is inconsistent with the Residential Tenancies Act is invalid.
3. Maintenance of premises - landlord
The LANDLORD will hand over the premises in a reasonably clean condition, maintain it in a reasonable state of repair and meet all health and safety requirements.
4. Maintenance of premises - tenant
The TENANT will keep the premises in a reasonably clean condition and notify the landlord of any damage or repair. The tenant must not intentionally or negligently cause or allow damage to the premises.
5. Use of premises
The tenant will not use or allow the premises to be used for an illegal purpose, or cause or allow a nuisance. The tenant must not cause or allow an interference with the reasonable peace, comfort or privacy of another person who lives in the immediate vicinity of the premises.
6. Handing over possession of the premises without restrictions
At the start of the agreement the landlord will not restrict the tenant from having full use of the premises (except for any part reserved for the landlord’s own use). The landlord is not aware of anything that would prevent the tenant from living in the premises for the term of the tenancy.
7. Tenant’s right to peace comfort and privacy
The tenant is entitled to peace comfort and privacy without interference by the landlord or other tenants of the landlord.
8. Landlord’s right of entry
All entry must be made between 8am and 8pm on any day other than a Sunday or public holiday. The landlord may enter the premises as listed in section 72 of the Residential Tenancies Act 1995.
9. Locks and security devices
The landlord will provide and maintain locks and other devices so that the premises are reasonably secure. Neither party will alter, remove, or add a lock or security device without the consent of the other. Neither party will unreasonably withhold consent to the alteration, removal or addition of a lock or security device by and at the expense of the other.
10. Alterations and additions
The tenant must not, without the landlord’s written consent, make an alteration or addition to the premises. The landlord will not unreasonably withhold consent to an alteration or addition that is necessary to ensure the provision of infrastructure or a service of a prescribed kind.
11. Removal of an alteration or addition
The tenant may remove an item that was added with the landlord’s consent, unless its removal would cause damage. If damage is caused by removing an item, the tenant must notify the landlord and, at the option of the landlord, repair the damage or compensate the landlord for the reasonable cost to repair the damage.
12. Subletting or assignment
The tenant has the right, with the landlord’s written consent, to sublet or assign their interest of the premises to another. The landlord cannot unreasonably withhold consent but can charge reasonable expenses for giving consent.
13. Insurance
If parties want to insure the property; the landlord would be responsible to insure their dwelling, fixtures and fittings. The tenant would be responsible to insure their personal belongings and furnishings.
Termination rights – under fixed term and periodic agreement
14. Termination by landlord or tenant for breach of agreement
If a breach can be remedied, the landlord or tenant can issue a notice for the breach. The notice must be in a written form required by regulation, must detail the breach and that if the breach is not remedied within the specified period the tenancy will end.
15. Termination for rent arrears
If the tenant fails to pay rent, rent must be at least 14 days behind before the landlord can issue a notice of termination for the breach. The notice must be in a written form required by regulation.
16. Termination on hardship grounds
Either the landlord or the tenant can apply to the South Australian Civil and Administrative Tribunal (SACAT) to terminate a tenancy because the continuation of the tenancy would cause undue hardship.
Termination rights – fixed term agreement only
17. Termination at end of fixed term
A landlord or tenant must give at least 28 days’ notice to the other to end a fixed agreement at the expiry of the term. The agreement continues as a periodic tenancy if no notice is given.
18. Termination before end of fixed term
If the tenant moves out before the end of this agreement without the approval of the landlord they may need to pay for the costs associated with finding a new tenant, reletting the premises and loss of rent.
Termination rights – periodic agreement only
19. Termination before end of fixed term
The LANDLORD can terminate the agreement by giving at least 60 days notice in the written form required by regulation if:
- possession is required for demolition;
- possession is required to carry out repairs or renovations that can’t be done with reasonable convenience while the tenant remains in the premises;
- possession is required for personal occupation or occupation by the LANDLORD'S spouse, child, parent, or the spouse of a child or parent;
- a contract for sale of the premises has been entered into under which the LANDLORD needs to give vacant possession to the new owner.
20. Termination by landlord – no specific reason
The LANDLORD can terminate the agreement by giving at least 90 days notice without specifying any reason for the notice. The notice must be given in the written form required by the Regulations.
21. Termination by tenant – no specific reason
The TENANT can terminate the agreement by giving at least 21 days, or a period equivalent to a single tenancy period (whichever is longer) notice without specifying any reason for the notice. The notice must be given in the written form required by the Regulations.
ADDITIONAL TERMS
This section lists any further additional items and terms to this agreement. The terms listed cannot take away any of the rights and duties included in the Residential Tenancies Act 1995 (SA). If you need extra space, please attach a separate sheet.
Both the LANDLORD and TENANT should sign and date any attachments.
1. Condition of the premises
The LANDLORD must:
- ensure that the premises and ancillary property, are in a reasonable state of cleanliness when the Tenant goes into occupation of the premises and will keep them in a reasonable state of repair having regard to their age, character and prospective life; and
- comply with statutory requirements affecting the premises.
2. Damage to the premises
- The TENANT must keep the premises and ancillary property, in a reasonable state of cleanliness and ensure that care is taken to avoid damaging the premises.
- The TENANT must take reasonable care to avoid damaging any Common Areas.
- The TENANT must replace, or compensate the LANDLORD for the reasonable cost of replacing any ancillary property lost or destroyed while in the care of the TENANT.
- The TENANT who intentionally causes serious damage to the premises or ancillary property is guilty of an offence.
- The TENANT who becomes aware of damage to the rented premises must give notice to the LANDLORD of any damage to the premises as soon as practicable.
3. Cleanliness of the premises
- The LANDLORD must keep the premises and ancillary property, in a reasonable state of cleanliness on the day on which it is agreed that the TENANT is to enter into occupation of the premises.
- The TENANT must keep the premises and the Common Area in a reasonably clean condition during the period of agreement.
4. Use of premises
- The TENANT must not use or allow the premises or the Common Area to be used for any illegal purpose.
- The TENANT must not use or allow the premises or the Common Area to be used in such a manner as to cause a nuisance or cause an interference with the reasonable peace, comfort or privacy of any occupier of neighbouring premises.
5. Quiet enjoyment
The LANDLORD must take all reasonable steps to ensure that the TENANT has quiet enjoyment of the premises.
6. Building Rules
- In this agreement 'Building Rules' means the rules for the Premises as determined by the LANDLORD from time to time and which are taken to be included as terms of this agreement.
- The TENANT acknowledges receiving a copy of the Building Rules and agrees to comply with the Building Rules at all times.