Clear Days Notice Calculation in South Australia
The clear-day count is the most litigated technical requirement in South Australian tenancy terminations. One day short and SACAT will declare the notice void — it does not matter that the tenant understood the notice or had ample time to prepare. The count is mechanical, and the rules are in Section 3(3) of the Residential Tenancies Act 1995.
The Rule
When the Act says "60 clear days" or "7 clear days," it means:
- Day 0 — the day the tenant receives the notice — does not count. This is the service date (personal delivery, letterbox) or the deemed receipt date (postal, email).
- Counting starts on Day 1, which is the calendar day after Day 0. Every calendar day counts, including weekends and public holidays.
- The termination date on the notice must be the day after the last clear day. If you need 60 clear days and Day 1 is 2 August, the 60th clear day is 30 September, and the earliest valid termination date is 1 October.
Postal Service Adds Extra Days
If the notice is served by post, Day 0 is not the date you put the letter in the mailbox. It is the date the tenant is deemed to receive it, which requires adding Australia Post's standard delivery allowance: a minimum of 2 to 4 business days within South Australia (excluding weekends and SA public holidays).
This means a 60-day notice posted on Monday 1 September 2025 is deemed served no earlier than Wednesday 3 September 2025 (2 business days, best case). Day 0 is 3 September. Day 1 is 4 September. The 60th clear day is 2 November, and the earliest valid termination date is 3 November.
In practice, use 4 business days for the postal allowance to build in margin. A notice that arrives a day later than you assumed will shift the entire count forward.
Worked Examples
60-Day Notice — Personal Delivery
| Step | Date | What happens |
|---|---|---|
| Service | Friday 1 August | Landlord hands Form 7 to tenant. Day 0 — excluded. |
| Day 1 | Saturday 2 August | Counting begins. |
| Day 60 | Tuesday 30 September | Last clear day. |
| Termination date | Wednesday 1 October | Earliest valid date on the notice. |
7-Day Breach Notice — Personal Delivery
| Step | Date | What happens |
|---|---|---|
| Service | Friday 16 October 2026 | Landlord serves Form 5 for rent arrears. Day 0 — excluded. |
| Day 1 | Saturday 17 October 2026 | Counting begins. |
| Day 7 | Friday 23 October 2026 | Last clear day (remedy deadline). |
| Tenancy terminates | Saturday 24 October 2026 | If rent remains unpaid. |
90-Day Notice — Postal Service (4 business days)
| Step | Date | What happens |
|---|---|---|
| Posted | Monday 1 July 2024 | Letter posted via Australia Post. |
| Deemed received | Friday 5 July 2024 | 4 business days later. Day 0 — excluded. |
| Day 1 | Saturday 6 July 2024 | Counting begins. |
| Day 90 | Thursday 3 October 2024 | Last clear day. |
| Termination date | Friday 4 October 2024 | Earliest valid date on the notice. |
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The Mistakes That Invalidate a Notice
Counting the service day as Day 1. This shortens the notice by one day. A landlord who serves on 1 August and counts that as Day 1 will set the termination date one day too early.
Forgetting the postal allowance. A notice posted on 1 September that specifies a termination date calculated from 1 September (personal service) is short by the postal delivery days. The entire count is invalid.
Excluding weekends or public holidays. Clear days are calendar days. A landlord who skips weekends will overcount and may set the termination date too early.
Setting the termination date on the last clear day instead of the day after. The last clear day is not the termination date — it is the last day the tenant is entitled to occupy the property. The termination date (the day the tenant must have vacated) is the day after the last clear day.
The Ending a Tenancy in South Australia guide includes a clear-day calculator worksheet that handles all four service methods, including the postal delivery allowance, so the termination date is derived mechanically instead of counted by hand.
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