If you rent a house, unit or apartment in South Australia, understanding your rights can help you respond properly to an eviction notice, repair problem, rent increase or bond dispute. Tenant rights in SA are primarily governed by the Residential Tenancies Act 1995 (SA) and the Residential Tenancies Regulations 2025.
Last reviewed: 19 July 2026.
Have you received a termination, breach or bond notice? Tenancy matters can involve short response periods. O'Dea Lawyers can review the notice, explain your options and help you prepare your next step.
Tenant rights SA: the rules at a glance
South Australian tenancy law gives tenants important protections, while also imposing responsibilities. Depending on the circumstances, these include:
- The right to peace, comfort and privacy in the rental property.
- The right to receive the required notice before most entries and inspections.
- The right to premises that meet minimum housing standards.
- The right to have damage caused by ordinary wear and tear repaired by the landlord.
- Restrictions on how often rent can be increased.
- The right to apply to keep a pet, subject to the statutory process.
- The right to receive a valid termination notice based on a permitted ground.
- The right to dispute a breach notice, bond claim or other tenancy issue.
Tenants must also pay rent on time, keep the property reasonably clean, report damage and required repairs, avoid causing damage or nuisance, and comply with the tenancy agreement.
Eviction notices and ending a tenancy in South Australia
A landlord cannot simply tell a tenant to leave without following the correct legal process. The required ground, form, evidence and notice period depend on the type of tenancy and why possession is being sought.
Periodic tenancy termination notices
For certain permitted grounds—including occupation by the landlord or specified family members, demolition, sale requiring vacant possession, or substantial repairs or renovations—the notice period is generally at least 60 days or one rental period if that is longer. Supporting evidence may also be required.
Other prescribed grounds for ending a periodic tenancy can require at least 90 days’ notice. Different rules apply to rent arrears, breaches, serious damage, unsafe premises and other special circumstances.
Fixed-term tenancy notices
A landlord seeking to end a fixed-term tenancy at the end of its term generally needs to provide at least 60 days’ notice and rely on a permitted ground. If the tenancy is not validly terminated, it will generally continue as a periodic tenancy.
Receiving a notice does not necessarily mean it is valid. Check:
- Whether the correct tenant, landlord and property are identified.
- Whether the notice uses the required form.
- The ground stated for termination.
- Whether supporting evidence has been provided when required.
- The date the notice was served and the proposed termination date.
- Whether any claimed breach has already been remedied.
Can a landlord personally evict or lock out a tenant?
If a tenant does not give vacant possession following a termination notice, the landlord may need to obtain a possession order from the South Australian Civil and Administrative Tribunal (SACAT). Only a SACAT bailiff can enforce an order for vacant possession. A landlord or agent should not personally enforce an eviction by changing locks or physically removing the tenant.
Rent arrears and breach notices
A rent-arrears termination notice is generally ineffective unless rent has remained unpaid for at least 14 days before the notice is given. The notice must then provide at least seven days for the breach to be remedied.
Other alleged breaches may concern property damage, cleanliness, unauthorised alterations, pets or interference with neighbours. The notice must identify the alleged breach and provide the required opportunity to remedy it.
If you receive a breach notice:
- Record the date and method by which you received it.
- Read the alleged breach and deadline carefully.
- Gather rent records, photographs, messages and other relevant evidence.
- Remedy the issue where appropriate and confirm this in writing.
- Seek advice promptly if you dispute the notice or cannot comply by the deadline.
Do not assume that a verbal payment arrangement automatically cancels a notice. Ask for any agreement or withdrawal to be confirmed in writing.
Rental inspections and a landlord’s right of entry
Tenants are entitled to peace, comfort and privacy, but landlords and agents may enter for purposes permitted by law.
For a routine inspection, the current general rules require:
- No more than four inspections in a year, unless SACAT orders otherwise.
- Between 7 and 28 days’ written notice.
- The date and purpose of entry to be stated.
- An entry period of up to two hours, subject to limited exceptions.
Different notice requirements apply to emergencies, repairs, garden maintenance, prospective purchasers and prospective tenants. Necessary non-emergency repairs can generally be carried out at the tenant’s request or after at least 48 hours’ notice.
The current entry rules are explained in the CBS Tenant Information Guide.
Repairs and minimum housing standards
Rental premises must comply with South Australia’s minimum housing standards at the beginning of a tenancy. These standards cover matters such as structural safety, weatherproofing, electricity, smoke alarms, sanitation, mould, dampness and serious health or safety hazards.
A landlord is generally responsible for maintaining and repairing problems caused by ordinary wear and tear or circumstances that are not the tenant’s fault. A tenant should notify the landlord or agent as soon as repairs are required, preferably in writing.
What should a tenant do about urgent repairs?
- Notify the landlord or agent immediately and describe the problem clearly.
- Keep copies of emails, text messages and photographs.
- Explain any immediate health, safety or property risks.
- Keep a record of attempted telephone calls and responses.
- Obtain advice if the landlord does not act promptly.
If the landlord has not attended to the problem or cannot be contacted, a tenant may be able to arrange emergency repairs through a licensed tradesperson. The tenant should obtain a written report from the tradesperson and keep every invoice and receipt.
Do not stop paying rent, deduct repair costs from rent or arrange non-emergency work without first obtaining advice about your particular circumstances.
Further information about rental standards is available from the Housing Safety Authority. SACAT can make orders requiring a landlord to remedy a breach, including carrying out repairs.
Rent increases in South Australia
For a periodic tenancy, a landlord must generally provide at least 60 days’ written notice of a rent increase. The increase ordinarily cannot take effect until at least 12 months after the tenancy started or the previous increase.
During a fixed-term tenancy, rent generally cannot be increased unless the agreement specifically allows an increase and explains how it will be calculated. The landlord must still provide at least 60 days’ written notice, and the 12-month restriction generally applies.
A tenant who believes the rent is excessive may apply to SACAT. When challenging an increase, the application generally needs to be made within 90 days after the notice of increased rent was given.
Pets and minor alterations
A tenant who wants to keep a pet must generally apply using the prescribed form. The landlord must respond in writing within 14 days. If a compliant response is not provided within that period, approval may be taken to have been given.
A landlord may impose reasonable conditions or refuse an application only on grounds permitted by law. A tenant cannot be charged additional rent, an additional bond or another payment simply for keeping a pet.
Tenants can also request permission for minor alterations or modifications relating to disability, mobility or age. Consent must be obtained in writing, but a landlord cannot unreasonably withhold consent in the circumstances covered by the legislation.
See the current CBS renting-with-pets guidance before making an application.
Rental bond disputes
At the end of a tenancy, the tenant can request a bond refund through Residential Bonds Online. If the tenant makes a claim without the landlord or agent’s consent, the managing party is notified and may accept it, make a counter-offer, escalate the matter to SACAT or take no action.
If the managing party does not respond within 14 days, the amount claimed by the tenant will generally be paid. When a bond claim is disputed, evidence may include:
- The ingoing and outgoing inspection reports.
- Dated photographs and videos.
- Cleaning and repair invoices.
- Rent-payment records.
- Emails, messages and other correspondence.
- Evidence distinguishing damage from ordinary wear and tear.
Read our dedicated guide to rental bond disputes in South Australia.
What to do when a tenancy dispute starts
1. Identify the deadline
Record every deadline shown on a notice, CBS communication or SACAT document. Do not wait until the final day to seek advice.
2. Build a clear timeline
List the important events in date order, including rent payments, repair requests, inspections, conversations and notices.
3. Preserve the evidence
Keep the tenancy agreement, inspection sheets, photographs, receipts, bank records and complete message threads. Avoid editing original documents.
4. Communicate in writing
State what happened, what outcome you want and when a response is required. Keep the language factual and avoid unnecessary accusations.
5. Obtain appropriate advice
Consumer and Business Services provides tenancy information and administers residential bonds. SACAT determines many tenancy disputes and can make orders about repairs, breaches, compensation, bonds, possession and ending or reinstating a tenancy.
Can a lawyer represent me at SACAT?
SACAT is designed for people to represent themselves. In a residential tenancy dispute, a party generally cannot be represented by a lawyer unless the Tribunal gives permission, and SACAT states that permission is only granted in exceptional circumstances.
A lawyer can still provide valuable assistance before a hearing, including:
- Reviewing the validity of a termination or breach notice.
- Explaining your legal position and possible outcomes.
- Organising the evidence and chronology.
- Helping prepare an application or response.
- Advising on negotiations and settlement proposals.
- Considering whether an application for permission to appear is appropriate.
How O'Dea Lawyers can help
O'Dea Lawyers advises tenants and landlords in separate matters involving South Australian residential tenancies, subject to conflict checks. We can assist with eviction and termination notices, rent arrears, lease breaches, repairs, bond claims and SACAT preparation.
We assist clients in Adelaide, Mount Barker and throughout South Australia. Early advice can help identify invalid notices, preserve important evidence and avoid missed deadlines.
Need advice about a tenancy dispute?
Contact O'Dea Lawyers with a copy of your tenancy agreement, notices and relevant correspondence so we can assess the next step.
Related tenancy and property services
Frequently asked questions about tenant rights in SA
What notice must a landlord give to end a periodic tenancy in SA?
There is no single notice period covering every situation. Certain possession grounds require at least 60 days’ notice or one rental period if longer, while other prescribed periodic-tenancy grounds require at least 90 days. Separate rules apply to rent arrears, breaches and special circumstances.
Can a landlord enter my rental property without permission?
A landlord can enter without notice in an emergency. For a routine inspection, the landlord or agent generally must provide between 7 and 28 days’ written notice and specify an entry period of up to two hours. Routine inspections are generally limited to four each year unless SACAT orders otherwise.
What can I do if my landlord will not complete urgent repairs?
Notify the landlord or agent immediately in writing and preserve evidence of the problem. If they do not act or cannot be contacted, emergency repairs may be arranged through a licensed tradesperson in some circumstances. Obtain a written report and seek advice before withholding rent or deducting costs.
How do I claim my rental bond?
A tenant can initiate a refund through Residential Bonds Online. If the landlord or agent disputes the proposed refund, the parties may negotiate or the dispute may be escalated to SACAT. If the managing party does not respond to the tenant’s claim within 14 days, the claimed amount will generally be paid.
Can my landlord refuse permission for a pet?
A landlord can refuse a pet application only on grounds permitted by law and must generally respond to the prescribed application in writing within 14 days. Reasonable conditions can be imposed, but a landlord cannot charge extra rent or an additional bond for the pet.
Do I need a lawyer for a SACAT tenancy hearing?
SACAT is designed for self-representation, and lawyers generally require the Tribunal’s permission to represent a party in a tenancy dispute. A lawyer can nevertheless advise you before the hearing, review notices and evidence, and help prepare your case.
This page provides general information only and is not a substitute for legal advice about your circumstances. Tenancy rights and notice requirements depend on the agreement, the ground relied upon and the facts of the matter.