Fixed-term leases (219.9 KB PDFs) are valid for a fixed term. B 12 months and contain the date on which the lease expires. The date can only be changed if the landlord and tenant agree. 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). A lessor may apply to the court (SACAT) for an order to terminate a lease and issue ownership of the premises in the event of a breach of the agreement, which is serious enough to warrant termination of the contract [s 87(1)]. This procedure may be preferable to termination by denunciation in accordance with Section 80 if the offence cannot be corrected. Parties to a fixed-term lease (concluded March 1, 2014) must announce the termination of the contract at least 28 days before the expiry of the lease under Section 83A (for landlords) (form 2A) or Section 86A (for tenants) (with Form 4B). No grounds for dismissal are required.
The lessor must keep a copy of a written agreement and any changes on paper or electronic form at least two years after the end of the lease. In both cases, the Tribunal must be satisfied that an intervention decision is in effect against a person who is on the premises to protect the applicant or a member of the applicant`s national staff. In the absence of an intervention injunction, the court may terminate or replace a rental agreement if it is satisfied that a person residing in the residential cases has committed domestic abuse against the applicant or a member of the applicant`s national staff. Example of irretrievable violation by tenant Yeomans v Janoska – Parry (RT10/1337) Tenants were responsible for serious damage to rented property, including a hole in the front door and a room screen that was destroyed and removed during an altercation. In addition, there were heated arguments between tenants who disturbed their neighbours. The male tenant had threatened several of the neighbours, some of them older, with violence against himself or, in one case, a dog. The court found that the lease had been breached under Section 87 (2) and ordered the termination of the contract. See Residential Tenancies Act 1995 (SA) ss 81 (1), (2). A lessor who recovers the property in the previous circumstances cannot, without the court`s approval, grant a new lease within six months of the recovery of the property. Regular leases (234.7 KB PDF) do not have a date when the lease expires.
They will continue until the tenant or landlord announces in writing the termination of the lease. A loan bond/guarantee is an amount that the tenant pays to the lessor to ensure that the tenant fulfills all obligations arising from the tenancy agreement. The lessor holds the deposit for the duration of the trust lease to ensure that the tenant is not in default under the terms of the tenancy agreement or that he is damaging the property.