Before entering into an agreement, a lessor must tell a potential tenant whether they have put the property up for sale or intend to approve it through existing sales agency agreements. If this is not the case and the owner sells the property within the first 2 months of the contract, the tenant can give the landlord a termination for real estate (242.0 KB PDF) (form 4A). As a general rule, personal data cannot be stored for more than 3 years [s 99K]. 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. During the 28-day period before the end of the existing lease and only after appropriate termination for a reasonable number of occasions at times that take place in normal hours. The tenant can apply for participation before the start of the 28-day period if he wishes (i.e. not as the landlord initiated). At the time of entering into a lease agreement, the parties should agree on when and where the rent should be paid and should respect that agreement throughout the lease, unless new agreements are reached. The personal data collected must only relate to the violation and be accurate, complete and unambiguous [s99F]. To remain in the rental premises, the existing contract must be replaced. In these cases, the Tribunal has the power to remove the alleged author from the lease [see Residential Tenancies Act 1995 (SA) s 89A(4) (a)]. Before making such a decision, the Tribunal must be satisfied that, under the new agreement, the tenant or tenant is able to adequately comply with the new agreement [s 89A(a)] ( However, a lessor may ask the court to terminate an agreement if the continuation of the tenancy agreement would result in undue hardship [Residential Tenancies Act 1995 (SA) s 89]. The court may also make an order that compensates the tenant for losses and inconveniences resulting from or likely to result from the early termination of the lease.
Tenants and landlords can agree on additional conditions that apply to the contract in addition to the legal provisions. Additional provisions cannot oppose, amend or attempt to exclude any of the provisions of the legislation from the application of the agreement. When the tenant rents a room in an apartment building, it is very important that the agreement details which parts of the premises the tenant owns exclusively and which parts of the tenant shared. You should take the time to read the terms and this manual before signing the agreement.