South Australia Landlord Notice to Vacate

Since 1 July 2024, every notice to vacate in South Australia must cite a lawful prescribed ground, attach documentary evidence, and give the tenant the correct number of clear days. There are no longer any circumstances in which a landlord can end a tenancy without a reason.

The form you use, the notice period you give, and the evidence you attach all depend on two things: whether the tenancy is periodic or fixed-term, and which statutory ground applies.

Which Notice Period Applies

South Australia's Residential Tenancies Act 1995 sets three notice tiers. The period is measured in clear calendar days — the day the tenant receives the notice does not count, and the termination date must fall after the last clear day has elapsed.

60-day notice (Form 7, periodic tenancy) covers the four possession grounds: sale of property, owner or family occupation, demolition, and major repairs or renovations. Each requires a signed contract, statutory declaration, or tradesperson quote attached to the notice.

90-day notice (Form 8, periodic tenancy) applies to conduct and status grounds: safety risk, threats, unauthorised pets, or false information on the tenancy application. The landlord must attach incident logs, police reports, or other documentary evidence of the conduct.

60-day notice (Form 9, fixed-term tenancy) ends a fixed-term lease at expiry when the landlord has a prescribed Regulation 25 ground. The notice must be served at least 60 clear days before the fixed-term end date.

7-day notice (Form 5, both tenancy types) applies to breach: rent arrears of at least 14 days, or a non-rent breach with 7 days to remedy plus 7 days to vacate if the breach continues.

Immediate termination (Form 6) applies only to confirmed drug contamination under Section 80A, supported by a certified laboratory report.

How to Count 60 or 90 Clear Days

Clear-day counting catches more landlords than any other technical requirement. The rule under Section 3(3) of the Act works like this:

1. Day 0 is the date the tenant receives the notice (or the deemed receipt date for postal service). It does not count toward the notice period.
2. Day 1 is the next calendar day. Count every calendar day including weekends and public holidays.
3. The termination date on the notice must be the day after the 60th (or 90th) clear day.

If you serve by post, add Australia Post's delivery allowance — a minimum of 2 to 4 business days within South Australia — before Day 0 begins. A notice posted on a Monday would not be deemed served until at least Wednesday or Thursday, and the 60-day count starts the day after that.

Getting this wrong by even one day gives the tenant grounds to have SACAT declare the notice void.

Matching the Right Form to the Ground

Each notice-based prescribed ground maps to a specific CBS form. Using the wrong form — a Form 8 for a fixed-term tenancy, or a Form 9 for a periodic tenancy — invalidates the notice entirely, and the error cannot be corrected retrospectively. The landlord must withdraw the defective notice and serve a fresh one.

Evidence That Must Be Attached

A notice served without the mandatory evidence attachment is legally void. SACAT will not accept supplementary evidence filed after the fact as a substitute for what should have been attached at service.

For sale: a signed contract of sale, or (since 1 September 2025) a signed sales agency agreement with a registered land agent.

For owner occupation: a witnessed statutory declaration confirming the qualifying family member and their genuine intention to occupy the property as a principal residence.

For demolition or major repairs: council planning or building consents (PlanSA approvals) and executed contracts or binding quotes from licensed builders.

For breach: a Form 5 specifying the exact breach, the required remedy, and supporting documentation such as an arrears ledger or photographs.

What Happens After the Notice Expires

If the tenant vacates by the termination date, the tenancy ends and the bond process begins through Residential Bonds Online.

If the tenant does not vacate, the landlord cannot change locks, remove belongings, or cut off utilities — these actions are prohibited and can carry statutory civil penalties up to $35,000. The only lawful next step is to apply to SACAT for a termination and possession order. SACAT's Level 1 application fee is $93.00 (2026 schedule), and the tribunal will review both the validity of the notice and the supporting evidence before making any order.

If the notice was served on sale, owner occupation, demolition, or major-repairs grounds, a six-month re-letting restriction begins from the date vacant possession is delivered. Re-letting within that window without SACAT approval is a statutory offence.

Getting This Right

The Ending a Tenancy in South Australia guide walks through every prescribed ground, matches each one to the correct form and evidence, and includes a clear-day calculator and notice service record so the notice period is documented from service through to the termination date.

See more South Australia guides →