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Private Rental

This section is concerned with renting a home and other types of accommodation covered by the Residential Tenancies Act 1995 (SA), and the relationship between landlords and tenants. The Residential Tenancies Act 1995 (SA) applies to most residential tenancy agreements.

Not all kinds of tenancies are covered by this Act, for example, caravan park tenants are covered by the Residential Parks Act 2007 (SA), and boarders and lodgers are still regulated by the common law and certain other statutes.

In addition, the rights and obligations of members of a housing co-operative (whether registered or not) differ slightly from those of other tenants, see 'PUBLIC HOUSING'.

The following agreements are not covered by the Residential Tenancies Act 1995 (SA).

  • Where the agreement arises under a mortgage over the premises.
  • Where the premises are part of a hotel or motel.
  • Where the premises are used for holiday purposes only. If the agreement is for 60 days or more it is up to the landlord to prove that the agreement is in respect of holiday premises.
  • Where the premises are part of an educational institution, college, hospital or nursing home.
  • Where the premises are used for the purposes of a club.
  • Where the premises are used as a home for aged or disabled people by an eligible organisation.
  • Where the premises are part of a retirement scheme. These schemes are governed by the Retirement Villages Act 1987 (SA).
  • Where the premises are part of a building in which other premises are let by the landlord to the tenant for the purposes of a trade, profession or business carried on by the tenant.
  • Where the premises are on land let by the landlord to the tenant for the purposes of a trade, profession or business (including agriculture) carried on by the tenant.
  • Where the premises are a residential park, for example, a caravan park (covered by the Residential Parks Act 2007 (SA)).
  • Where the tenant is a boarder or lodger in premises other than a rooming house [Residential Tenancies Act 1995 (SA) s 5(b)], see boarders and lodgers.

Agreements where the tenant is a party to a contract for the sale or purchase of the premises that confers a right to occupy the premises for a period of 28 days or less are now covered by the Residential Tenancies Act 1995 (SA). Where the agreement is for a period of more than 28 days the Act does not apply.

For further tenancy information see Renting and letting at sa.gov.au. The SA.gov.au website also has information on renting explained in various languages.

Private Rental  :  Last Revised: Fri Nov 17th 2017
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.