The tenant should then go through the premises, preferably with the landlord, and indicate on the sheet whether, according to the tenant, the objects are actually described by the landlord. This gives a statement of the condition of the premises at the beginning of the lease as well as the written agreement or objections of the tenant. If, intentionally or lightly, the tenant causes serious damage to the premises or damage to the landlord or persons in adjacent premises, a lessor may terminate a lease agreement [s 87(2)]. No notification is required, but the lessor must ask SACAT for an order to terminate the lease (with Form 7). Note that a fee is charged. Fixed-term leases (219.9 KB PDFs) are valid for a fixed term. B 12 months and contain the date on which the lease expires. The date can only be changed if the landlord and tenant agree. According to Section 85 (3), even if it is satisfied that the lease was effectively terminated, the court may reinstate the lease if it has ensured that it is fair and equitable. However, owners are required to submit the agreement in writing and keep a copy of the contract for 2 years after the lease is terminated. Only the owner can bear the cost of establishing a written agreement. Owners must provide each tenant with a copy of the contract when the contract is signed. If there is an incoherent term, it is unworkable.
An example of an incoherent term is the popular term: “All carpets must be professionally cleaned by the tenant at the end of the lease.” This term suggests that carpets, even if they are in a clean and reasonable condition, must be cleaned professionally (at the tenant`s expense). However, in accordance with Section 69 (3) of the Residential Tenancies Act 1995 (SA), the tenant must leave the premises only in an appropriate condition and in a state of reasonable cleanliness. Professional carpet cleaning is contrary to section 69, paragraph 3 of the law and would not apply. In accordance with section 80, paragraph 5, the court is expected to reinstate a lease, even if it is satisfied that it was effectively terminated if the court concludes that the reintroduction of the lease would be fair and equitable. A serious breach of a lease is one of the reasons for the termination of the lease, either by notification to the other party or by a request to the South Australian Civil and Administrative Tribunal (SACAT). As a general rule, dismissals are by termination for less serious offences or where an offence can be corrected (fixed). In some cases, the right to terminate may be available both by prior notification and by application. A periodic lease agreement may be pursued indefinitely. It repeats automatically until something is done by the parties to end it – see the end of a lease. Lease disputes are tried primarily by the South Australian Civil and Administrative Tribunal (SACAT). If, within two months of the start of a lease agreement, the lessor enters into a contract to sell the premises that was not disclosed at the time of signing the contract (according to Section 47A), the tenant may terminate the termination [s 85A] (with Form 4A). If the lessor can communicate the sale contract in writing, the tenant must exercise his right to terminate within two months of receiving the termination.
A rental agreement does not need to be concluded in writing – it can be verbal or there is no explicit agreement. Even if it is not written, some terms are included in the Residential Tenancies Act 1995 (SA) (see terms of contract). The decision to leave the leased land requires the termination of the existing contract and the court has the authority to do so in accordance with Section 89A (1) of the Residential Tenancies Act 1995 (SA). The tenant must cancel at least 21 days in writing (244.5 KB PDF) or one month in writing if the rent is paid monthly.