Breaking Rental Agreement SA: What You Need to Know

Breaking a rental agreement can have serious consequences, not only for tenants but also for landlords. In South Australia, the Residential Tenancies Act 1995 (RTA) governs the relationship between landlords and tenants, including the rules around breaking a lease. If you are a tenant considering breaking your rental agreement in SA, or a landlord faced with a tenant who has done so, here’s what you need to know.

1. Reasons for Breaking a Lease

There are several reasons why a tenant may want to break a rental agreement, including:

– Relocating for work or family reasons

– Financial difficulties, such as losing a job or unexpected medical expenses

– Poor living conditions, such as a lack of heating or hot water

– Personal safety concerns, such as domestic violence or harassment

– Moving in with a partner or buying a home

However, simply wanting to move out early because you found a better apartment or changed your mind is not a valid reason for breaking a lease.

2. Breaking a Lease Early

In SA, tenants have the right to break a lease early if they have a good reason, such as those listed above. However, they may still be responsible for paying rent until a new tenant is found or the lease ends, whichever comes first. This is known as “reletting fees” and can include rent, advertising costs, and a leasing fee.

Tenants may also be liable for any loss of rent if the property is vacant for a period of time, as well as any damages that occurred during their tenancy.

3. Notice Requirements

If you are a tenant planning to break your rental agreement, you must give your landlord written notice of your intention to vacate. The notice period will depend on the agreement and can vary from 14 to 90 days.

If your landlord agrees to release you from the lease early, you should also get this agreement in writing. This can help protect you from any future disputes or claims.

4. Landlord’s Rights

If a tenant breaks a rental agreement, the landlord has the right to take legal action, including seeking compensation for any financial loss. This can include rent owed, reletting fees, and damages.

However, landlords are also required to take reasonable steps to mitigate their losses, such as advertising the property to find a new tenant as soon as possible.

5. Mediation and Dispute Resolution

If there is a dispute between a landlord and tenant about breaking a rental agreement, they may be able to resolve it through mediation or dispute resolution services offered by the South Australian Civil and Administrative Tribunal (SACAT). This can be a more cost-effective and efficient way to resolve disputes than going to court.

In conclusion, breaking a rental agreement in South Australia can have serious consequences for both tenants and landlords. If you are considering breaking your lease, it’s important to understand your rights and obligations under the RTA and seek legal advice if necessary. Landlords should also take steps to mitigate their losses and seek legal advice if a tenant breaches their lease. By taking proactive steps to address any issues, both parties can avoid costly and time-consuming legal disputes.