Eviction Notice South Australia

South Australia Doesn't Have "Eviction Notices"

The term "eviction notice" doesn't appear in the Residential Tenancies Act 1995. What SA law provides is a set of prescribed termination grounds, each with its own notice form, notice period, and process. A landlord who wants a tenant to leave must use the correct ground, serve the correct form, and wait the correct period — or the notice is invalid.

If the tenant doesn't vacate after a valid termination notice, the landlord can apply to SACAT for a possession order. Only a SACAT bailiff can enforce an order for vacant possession; the notice itself does not authorize a landlord to remove a tenant or their belongings.

Grounds for Termination by the Landlord

The Act prescribes several grounds, each tied to a specific notice form:

Breach of agreement. For a breach such as rent arrears or property damage, use Form 5, the landlord's notice of breach to tenant. Rent must be more than 14 days behind before the notice is issued. The tenant has 7 days to remedy the breach. If the breach is unpaid rent and remains unresolved, the termination date can be any day after those 7 days; for another breach, the termination date must be at least 7 more days later.

Prescribed grounds. A landlord cannot terminate or fail to renew a tenancy without a prescribed reason. Grounds, evidence, forms, and notice periods depend on the tenancy type and circumstances; check the current CBS instructions before serving a notice.

Sale of property. Following the September 2025 reforms, a landlord who requires possession to sell under a sales agency agreement with a registered agent must give at least 60 days' notice and provide supporting evidence. The prescribed form depends on whether the tenancy is periodic or fixed-term.

Frustration. If the property or a substantial part of it is destroyed or made uninhabitable, or can no longer lawfully be lived in, the landlord can terminate immediately using Form 10. If the premises are acquired by compulsory process, the landlord must give at least 60 days' notice. A tenant can terminate immediately using Form 18.

Owner needs the property. For a periodic tenancy, the landlord may give at least 60 days' notice if possession is required for occupation by the landlord, their spouse, child, parent, or the spouse of their child or parent. The prescribed Form 7 and supporting evidence are required.

Break-Lease Compensation

When a tenant breaks a fixed-term lease early, the 2023 amendments capped the compensation the landlord can claim. Where fewer than 24 months remain on the fixed term, compensation is capped at one month's rent. This is a significant change from the previous regime, where break-lease costs could include advertising, re-letting fees, and rent until a new tenant was found — sometimes adding up to several months' rent.

The cap applies to the tenant's statutory liability. If the tenant caused damage beyond fair wear and tear, that's a separate claim against the bond or through SACAT.

The SACAT Process

If a tenant doesn't leave after a valid termination notice, the landlord can apply to SACAT for a possession order. The standard initiating application fee is $93 as of 1 July 2026. Include the applicable notice and evidence supporting the statutory ground.

Retaliatory Termination

Under Section 90A, SACAT may declare a termination notice ineffective if it is satisfied the landlord was wholly or partly motivated by a tenant's application to SACAT or action taken or proposed to enforce their rights. Do not use a termination notice to penalise a tenant for requesting repairs or contacting the Housing Safety Authority.

What This Means for Compliance

Termination is the end of a tenancy, but SACAT evaluates everything that happened during it. Landlords who maintained their statutory obligations throughout — lodged the bond, completed inspection sheets, responded to repair requests, issued proper entry notices, and kept the property at minimum standards — are in a far stronger position than those who treated compliance as a box-ticking exercise only when it was time to end the tenancy.

The SA Rental Minimum Standards guide covers the compliance duties that run through the full tenancy lifecycle — the records and workflows that protect a landlord's position if the tenancy ends in a dispute.

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