Terminating a Tenancy
As of July 1, 2024, South Australia has implemented new laws governing the termination of residential tenancies.
These laws aim to provide a more balanced approach to the rights and responsibilities of both tenants and landlords.
Under the new regulations, landlords must now provide tenants with a minimum of 60 days' notice for terminating a tenancy without cause, an increase from the previous 28 days.
Additionally, the new laws have strengthened the protection for tenants against retaliatory evictions, ensuring that tenants cannot be unfairly evicted for exercising their legal rights, such as requesting repairs or reporting unsafe living conditions.
The changes are designed to offer greater security and stability for tenants while maintaining landlords' ability to manage their properties effectively.
In cases where a tenant has breached their rental agreement, the new laws stipulate specific processes and timelines that must be followed to ensure fairness. For serious breaches, such as non-payment of rent or damage to the property, landlords are required to issue a breach notice providing the tenant with a reasonable period to rectify the issue.
If the breach is not resolved within the specified timeframe, landlords can then proceed with the eviction process, which now includes mandatory mediation sessions before any tribunal hearings.
This mediation step is intended to encourage resolution without the need for legal proceedings, promoting amicable solutions and reducing the burden on the legal system. Overall, these legislative updates reflect a commitment to fostering a fairer and more transparent rental market in South Australia.