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Ending Tenancy Agreement South Australia

You must duly inform the landlord that you do not intend to renew the lease before the lease expires. Termination must occur some time before the lease expires, as required by law in your jurisdiction. This period of time is called the “notice period”. As a general rule, the notice period is one month for leases with a duration of one month or less and two or three months for leases with a duration of more than one month, but this varies by jurisdiction. You should consult the current status for the jurisdiction in which the property is located to determine the notice period required for your rental agreement. As a general rule, when a tenant accepts a temporary rental agreement, usually for 6 months or 1 year, the tenant agrees to be responsible for the rent for that period. Where the tenant evacuates the premises before the expiry of the term of the contract, the tenant is usually still liable for paying the rent for the entire term of the lease (provided that the lease is not in a jurisdiction that allows the tenant to terminate a fixed-term lease prematurely). If the lessor is able to re-lease the premises before the end of the injuring tenant`s lease, the injuring tenant is usually no longer obliged to pay the rent, as the lessor cannot recover the double rent of the premises. If you sign a lease, you contractually promise that you will pay the landlord`s rent. This is a legal obligation that the courts take seriously. You may be held liable to the landlord for loss of income suffered by the landlord as a result of not paying the rent, even if you have a good reason for not being able to take possession of it.

In some situations, it may be cheaper for you to simply take possession and immediately notify that you will evacuate once the notice period has expired – sometimes it may be better to pay one or two months` rent than to go to court and be forced to pay more. However, section 85 also allows a lessor to apply to the Civil and Administrative Court of South Australia (SACAT) for an order to reinstate the tenancy or refuse to terminate before the date of termination of the termination if it can find that the lessor has not been injured [see 85(2)]. Leases end in accordance with the end of a public housing rental policy. Periodic lease agreements (234.7 KB PDF) do not have a date on which the lease ends. They last until either the tenant or the lessor announces in writing the termination of the lease. Where a lessor terminates a contract and the lessee does not leave as necessary, the lessor cannot evict the lessee, but may apply to the court to order the empty ownership of the premises [Residential Tenancies Act 1995 (SA) s 93]. If the court makes the order, it is enforced as soon as possible by a judicial officer [see 99]. Fixed End Date – A rental agreement with a fixed end date gives the guarantee to both the landlord and the tenant. There is the exact day of the end of the lease.

The advantage is that neither party is obliged to terminate the lease, it simply ends on the date indicated. During a fixed-term lease agreement, the lessor may not increase the rent or modify other terms of the rental agreement, unless it expressly reserves the right in the contract and the tenant accepts the changes. “Law” refers to the legislation governing residential rental agreements in your jurisdiction. After choosing the location of the property by filling in the lease details, you will see in your selection a link to the laws in force for the jurisdiction you have chosen. . . .