Residential Tenancies Act 1995 South Australia — Termination Provisions

The Act That Governs Every Tenancy Termination

The Residential Tenancies Act 1995 (SA) is the statute that sets the rules for ending a residential tenancy in South Australia. It was substantially amended by the Residential Tenancies (Miscellaneous) Amendment Act 2023, which rolled out in phases through 2024, 2025, and early 2026. The supporting Residential Tenancies Regulations 2025 prescribe the notice forms, evidence requirements, and Regulation 25 grounds for fixed-term expiry.

If you are a landlord ending a tenancy, these are the sections that matter.

Section 80 — Breach Notices

Section 80 covers termination for tenant breach, both rent arrears and non-rent breaches. It applies to periodic and fixed-term tenancies alike.

• Section 80(2) — Rent arrears. If rent is at least 14 full days overdue, the landlord serves a Form 5 giving the tenant 7 clear days to pay. If the arrears are remedied within 7 days, the notice expires. If not, the tenancy terminates automatically. The tenant can apply to SACAT under section 80(4) to preserve the tenancy.
• Section 80(1) — Non-rent breach. For breaches like property damage, unpaid water charges, or unauthorised subletting, the landlord serves a Form 5 giving 7 clear days to remedy the breach, then 7 clear days to vacate if unremedied.

Section 80A — Drug Contamination

If certified laboratory testing under section 67B confirms drug contamination, the landlord serves a Form 6 for immediate termination — zero notice period. This applies to both tenancy types.

Section 81 — Periodic Tenancy Possession Grounds

Section 81 covers the property-use grounds that require 60 days' notice on a Form 7:

• 81(1)(a) — a contract of sale requiring vacant possession exists, or (since September 2025) the landlord has a signed sales agency agreement with a registered land agent
• 81(1)(b) — owner or family occupation (landlord, spouse, child, parent, or spouse's child/parent)
• 81(1)(c) — demolition
• 81(1)(d) — major repairs or renovations that cannot be carried out with the tenant present

All four grounds trigger the 6-month re-letting ban after termination.

Section 83 — Periodic Tenancy Conduct Grounds

Section 83 covers the 90-day grounds on Form 8 for periodic tenancies. The specific grounds are prescribed by Regulation 16 and include:

• Safety risk or threats to the landlord, agent, or neighbours
• Unauthorised pet keeping
• False information on the tenancy application
• Other specified conduct failures

Section 83A — Fixed-Term Expiry

Section 83A governs ending a fixed-term tenancy at expiry. The landlord serves a Form 9 at least 60 days before the fixed-term end date, citing a prescribed ground from Regulation 25. The grounds include sale, owner occupation, demolition, and major repairs.

If neither party serves a compliant termination notice or enters a new fixed-term agreement, the tenancy automatically converts to a periodic tenancy upon expiry.

Section 83B — Frustrated Agreement

Section 83B covers destruction, compulsory acquisition, or premises rendered uninhabitable. Form 10 terminates immediately for destruction; 60 days' notice for compulsory acquisition.

Sections 87–89 — Direct SACAT Applications

These sections bypass the notice process entirely:

• Section 87 — serious property damage by the tenant
• Section 88 — risk of personal injury
• Section 89 — undue hardship to the landlord

The landlord applies directly to SACAT with supporting evidence. No notice to the tenant is required before filing.

Section 90A — Retaliatory Termination

Section 90A is the tenant's defence. If a tenant has exercised a statutory right (requesting repairs, reporting a housing breach, applying to SACAT), they can challenge a subsequent termination notice as retaliatory within 30 days. If SACAT finds the notice was motivated by the tenant's protected activity, it declares the notice void.

Sections 93 and 99 — Enforcement

Section 93 is where SACAT orders vacant possession after a valid termination notice is ignored. Section 99 authorises the bailiff warrant — the only lawful mechanism for physically removing a tenant who will not leave.

Section 120 — Service of Notices

Section 120 prescribes the four lawful service methods: personal delivery, letterbox, post (with delivery allowances), and email (with prior written consent). Service that does not comply with section 120 is ineffective regardless of whether the tenant actually read the document.

Section 3(3) — Clear Days

Section 3(3) establishes the clear-day counting rule. The day of service and the termination date are both excluded. Notice periods such as 7, 60, and 90 days are counted in clear days. The 14-day rent-arrears threshold is separate: rent must be 14 full days overdue before a Form 5 is served.

For a practical walkthrough of how these sections work together — from selecting the right ground and form through calculating clear days and enforcing through SACAT — see the Ending a Tenancy in South Australia guide.

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