South Australia Landlord Notice Periods — 60 and 90 Day Rules

Notice Periods by Ground

The notice period a South Australia landlord must give depends entirely on the ground for termination. There is no single "standard notice period" — the Act prescribes different minimums for different reasons, and getting the period wrong by even one day invalidates the notice.

Immediate (0 Days)

Two grounds allow termination with no notice period:

• Drug contamination (Form 6, section 80A) — certified lab report required
• Premises destroyed or uninhabitable (Form 10, section 83B) — emergency services or insurer report required

The tenant must vacate immediately upon receiving the notice. If they do not, the landlord applies to SACAT for an order for vacant possession.

7 Clear Days

• Rent arrears (Form 5, section 80(2)) — rent must be at least 14 full days overdue before the notice can be issued. The tenant has 7 clear days to pay the arrears in full. If they pay, the notice expires and the tenancy continues. If they do not, the tenancy terminates.

7 + 7 Clear Days (14 Total)

• Non-rent breach (Form 5, section 80(1)) — property damage, unpaid water rates, unauthorised subletting. The tenant gets 7 clear days to remedy the breach. If unremedied, they get a further 7 clear days to vacate.

60 Clear Days

The most common notice period for property-use grounds:

• Sale requiring vacant possession — contract of sale or sales agency agreement (Form 7, periodic; Form 9, fixed-term expiry)
• Owner or family occupation (Form 7, periodic; Form 9, fixed-term expiry)
• Demolition (Form 7, periodic; Form 9, fixed-term expiry)
• Major repairs or renovations (Form 7, periodic; Form 9, fixed-term expiry)
• Compulsory acquisition (Form 10, section 83B) — 60 days for acquisition, as opposed to immediate for destruction

For fixed-term tenancies (Form 9), the 60-day notice must be served before the fixed-term end date. The termination date cannot be earlier than the end date of the lease.

90 Clear Days

• Conduct and risk grounds (Form 8, section 83, periodic tenancies only) — safety risk, threats, unauthorised pet, false information on the application, and other Regulation 16 grounds

How "Clear Days" Work

Every notice period in the Act is measured in clear days under section 3(3). The counting rule:

1. Day 0 — the day the tenant receives the notice. This day does not count.
2. Days 1 through N — counting starts the day after service. Every calendar day counts (weekdays, weekends, public holidays).
3. Termination date — the first available termination date is the day after the last clear day.

Example for a 60-day notice served personally on Monday 5 January 2026:

• Day 0: Monday 5 January 2026 (excluded)
• Day 1: Tuesday 6 January 2026
• Day 60: Friday 6 March 2026
• Earliest termination date: Saturday 7 March 2026

Postal Service Adds Days

When serving by post under section 120, the notice is deemed received after standard Australia Post delivery times — a minimum of 2 to 4 business days (excluding weekends and SA public holidays). You must add these delivery days before the clear-day clock starts.

Example for a 60-day notice posted on Monday 5 January 2026:

• Posting date: Monday 5 January 2026
• Deemed receipt (2 business days): Wednesday 7 January 2026 = Day 0
• Day 1: Thursday 8 January 2026
• Day 60: Sunday 8 March 2026
• Earliest termination date: Monday 9 March 2026

If you are uncertain about postal delivery times, add an extra day or two rather than risk a short notice. A notice that is one day short is void, and you must start over with a fresh notice.

The Fixed-Term Complication

For Form 9 (fixed-term expiry), the 60-day notice must land before the lease end date, and the termination date cannot be earlier than the end date. If you serve a 60-day notice and the calculated termination date falls after the lease end, the tenancy has already converted to periodic — and you now need to re-serve using Form 7 or Form 8 instead.

Plan backwards: count 60 clear days (plus postal allowances if applicable) before the fixed-term end date. That is your latest possible service date.

For step-by-step clear-day calculations, worked examples for every form, and the full SACAT enforcement pathway, see the Ending a Tenancy in South Australia guide.

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