This guide is general information only and does not constitute legal advice. Tenancy legislation changes regularly. Consult a qualified professional or your state tenancy authority for advice specific to your situation.
Overview
South Australia's residential tenancy framework is governed by the Residential Tenancies Act 1995 (the Act). The Act sets out the rights and obligations of landlords and tenants and applies to most residential rental agreements in the state.
Consumer and Business Services (CBS), part of the Attorney-General's Department, administers the Act, holds all rental bonds, provides information, and handles complaints. The South Australian Civil and Administrative Tribunal (SACAT) resolves formal disputes between landlords and tenants.
South Australia's tenancy rules have some unique features compared to other states, including more frequent inspection allowances and specific provisions around water charges. If you are self-managing in SA, this guide covers what you need to know.
Your Obligations as a Landlord
Property Condition
You must provide the property in a reasonable state of cleanliness and fit for habitation at the start of the tenancy. The property must comply with all relevant housing standards, including building codes and health regulations.
Throughout the tenancy, you are responsible for keeping the property in a reasonable state of repair, having regard to its age, character, and prospective life.
Repairs
- Emergency repairs must be carried out as soon as reasonably practicable. Emergency repairs include burst water services, gas leaks, dangerous electrical faults, flooding, serious storm damage, blocked toilets (if only one), failure of essential services (hot water, cooking, heating, cooling), and any fault likely to cause injury or damage. If the landlord fails to respond promptly, the tenant may arrange emergency repairs up to a prescribed amount and seek reimbursement.
- Non-emergency repairs: the tenant should notify you, and you must carry out repairs within a reasonable time. The Act does not prescribe a specific number of days, but an unreasonable delay can result in an order from SACAT.
Safety Compliance
- Smoke alarms must be installed in compliance with the Building Code of Australia and South Australian regulations. You must ensure they are operational at the start of each tenancy and replace them at end of life (typically 10 years).
- Pool fencing: if the property has a swimming pool, it must comply with the Swimming Pools (Safety) Act 1972 and associated regulations.
- Electrical safety: the property must have safe, functioning electrical installations. While SA does not mandate periodic electrical safety checks as Victoria does, the property must be safe.
- Gas safety: all gas appliances must be in safe working order.
Privacy and Quiet Enjoyment
The tenant is entitled to quiet enjoyment of the property. You must not interfere with the tenant's reasonable peace, comfort, and privacy. This includes not making unannounced visits, not entering outside permitted circumstances, and not monitoring the tenant's activities.
Bond and Security Deposits
The maximum bond in South Australia is four weeks' rent for most properties. If the property is furnished, the bond can be up to six weeks' rent.
You must lodge the bond with Consumer and Business Services (CBS) within 28 days of receiving it. CBS holds the bond in trust for the duration of the tenancy.
At the end of the tenancy, if both parties agree, CBS releases the bond accordingly. If there is a dispute, either party can apply to SACAT for a determination.
Legitimate bond claims include unpaid rent, damage beyond fair wear and tear, and costs of restoring the property to its condition at the start of the tenancy (accounting for fair wear and tear).
Visit the CBS bond services page for lodgement and claims.
Entry and Access Rules
South Australia has specific rules about entry notice periods, which vary depending on the purpose.
| Purpose | Notice Required |
|---|---|
| Routine inspection | 7–14 days written notice |
| Repairs (agreed) | Reasonable notice |
| Prospective tenants | Reasonable notice (tenancy must be ending) |
| Prospective buyers | 14 days first time; reasonable notice after |
| Emergency | Without notice |
| Tribunal order | As specified |
| Smoke alarm / safety inspection | 7 days |
Routine inspections can be conducted no more than once every 4 weeks, which is the most frequent allowance in Australia. However, most landlords conduct inspections quarterly in practice.
Entry must occur at a reasonable time. The Act does not specify exact hours, but entry during normal business hours (approximately 8:00 am to 8:00 pm) is generally considered reasonable. Entry on Sundays and public holidays should only occur with the tenant's agreement.
Prospective Buyer Inspections
There is a specific rule for property sales: the first time you wish to show the property to a prospective buyer, you must give 14 days written notice. After that initial notice, subsequent showings require only reasonable notice (which in practice means at least 24–48 hours).
Rent Rules
Payment Methods
You must ensure the tenant has access to a reasonable and fee-free method of paying rent.
Rent Increases
- Rent cannot be increased during a fixed-term agreement unless the agreement specifically provides for it.
- For periodic agreements, rent can be increased no more than once every 12 months.
- You must give at least 60 days written notice of any rent increase.
- The tenant can apply to SACAT if they believe the increase is excessive. SACAT considers the general market rent for comparable properties.
Water Charges
South Australia has specific rules about water charges. If the property is individually metered and the tenancy agreement provides for it, you can pass on water usage charges (but not the supply charge) to the tenant. The property must have water-efficient fixtures to pass on water usage costs.
Ending a Tenancy
Fixed-Term Agreements
- End of fixed term (no fault): You must give at least 28 days written notice before the end date. The tenant must give at least 28 days notice.
- Breach by tenant (non-payment of rent): 7 days written notice if rent is 14 or more days in arrears. If the rent is paid within 7 days, the notice is cancelled.
- Breach by tenant (other): Written notice specifying the breach and requiring it to be remedied within a reasonable time. If not remedied, you can apply to SACAT for an order.
Periodic Agreements
- No-fault termination by landlord (standard): 90 days written notice.
- No-fault termination by landlord (property being sold, demolished, or substantially renovated): 60 days written notice.
- Termination by tenant: 21 days written notice.
- Breach by tenant: Same process as fixed-term agreements.
Eviction
If a tenant does not vacate after a valid termination notice, you must apply to SACAT for a possession order. Only a bailiff can physically enforce an eviction order. Self-help evictions are illegal.
Inspections
Routine Inspections
Routine inspections can be conducted no more than once every 4 weeks. You must give between 7 and 14 days written notice. While the frequency allowance is high, most landlords find quarterly inspections sufficient.
Condition Reports
A condition report is mandatory at the start of every tenancy. Both the landlord and tenant sign the report, which documents the condition of every room, fixture, and fitting.
The tenant has 5 business days to annotate and return the report. Both parties should retain a copy.
At the end of the tenancy, a final inspection should be conducted against the original condition report. This comparison forms the basis of any bond claim or dispute.
Key Government Resources
- Consumer and Business Services: Renting: landlord information, forms, and guides
- CBS Bond Services: bond lodgement and claims
- SACAT (South Australian Civil and Administrative Tribunal): dispute resolution
- Residential Tenancies Act 1995: full text of the legislation
How propkt Helps
South Australia's unique rules around water charges, inspection frequency, and property sale access make careful record-keeping essential. propkt's document vault stores your condition reports, lease agreements, compliance certificates, and water meter readings in one secure location. Automated reminders help you schedule inspections within the permitted frequency and track document expiry dates. The maintenance tracker logs every repair request and response, creating a clear audit trail for SACAT proceedings. And bond tracking with status management keeps you on top of the CBS bond process from lodgement through to final release.