Break Lease and End of Lease in South Australia — Landlord Guide

Break Lease: What Happens When a Tenant Leaves Early

When a tenant breaks a fixed-term lease in South Australia, the Residential Tenancies Act 1995 caps the rent they can owe after giving vacant possession. The Act treats a landlord's separate compensation entitlement separately.

Under Section 75A, if less than 24 months remain after the tenant gives vacant possession, the maximum rent liability is one month's rent. If 24 months or more remain, it is one month's rent for each whole 12-month period remaining, up to a maximum of six months' rent. The cap was introduced as part of the 2024 amendments and significantly reduced the potential rent liability compared to the previous regime.

Section 75A caps rent payable under the agreement; it does not remove the landlord's separate right to compensation. Usual re-letting costs, such as advertising, may still be claimed.

How to End a Fixed-Term Tenancy at Expiry

When a fixed-term lease reaches its end date, it doesn't automatically terminate. Unless either party gives notice, the tenancy rolls into a periodic (month-to-month) arrangement on the same terms.

If you want the tenant to leave at the end of the fixed term, you need a prescribed ground and must give at least 60 days' written notice using CBS Form 9. If the tenant wants to leave, they can give at least 28 days' notice using Form 17 without specifying a ground.

If you miss the window and the tenancy goes periodic, the notice requirements change — see below.

Ending a Periodic Tenancy

For periodic tenancies, the landlord's notice requirements depend on the reason for termination:

Landlords cannot terminate a periodic tenancy without a prescribed ground. The required form and supporting evidence depend on the ground.

Breach and Termination

If the tenant breaches the tenancy agreement, use Form 5 (Landlord's notice of breach to tenant):

1. Specify the breach and give the tenant at least 7 days to remedy it.
2. For rent arrears, rent must be at least 14 days overdue before this notice can be issued. If the tenant does not remedy the breach within the notice period, termination may follow under the statutory process.
3. Apply to SACAT for a termination and possession order if the tenant does not leave or the termination is disputed.

For other breaches, the statutory process requires at least a further 7 days before termination.

You cannot change the locks, remove the tenant's belongings or otherwise force a tenant out without a SACAT order. Self-help eviction is illegal in South Australia.

Section 85B: Tenant Termination for Substandard Property

Section 85B gives tenants the right to terminate the tenancy on at least 7 days' notice if the property fails to meet prescribed minimum housing standards under the Housing Improvement Regulations 2017.

If a tenant moves in and discovers the property doesn't meet the standards — failed weatherproofing, no working locks, defective smoke alarms — they can serve a termination notice under Section 85B. This creates a powerful incentive to get the pre-let inspection right.

Retaliatory Termination

The RTA prohibits retaliatory termination. If a tenant has recently exercised a statutory right — lodging a repair request, complaining to Consumer and Business Services, applying to SACAT — and you then issue a termination notice, the tenant can argue the notice is retaliatory. SACAT can declare the notice void if it finds retaliation.

The safest way to avoid a retaliatory termination finding: document a legitimate reason for the termination that's independent of the tenant's complaint. If you're issuing a no-reason 90-day notice shortly after the tenant filed a repair request at SACAT, expect scrutiny.

Practical Steps for End of Tenancy

1. Give correct notice using the prescribed CBS form — wrong form or insufficient notice makes the termination invalid
2. Conduct the final inspection using the original condition report as the baseline
3. Agree bond deductions with the tenant or apply to SACAT if you can't agree
4. Return the tenant's bond through Residential Bonds Online — partial or full, depending on the outcome
5. Collect all keys and consider whether locks need changing before the next tenancy; changes to locks are governed by Section 66.

The SA Rental Minimum Standards Guide covers the full compliance framework for each stage of the tenancy lifecycle — from the pre-let audit through to end-of-lease obligations — so you're not scrambling to figure out notice periods when a tenancy is ending.

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