Frequently Asked Questions

Resources and FAQ

• Can I break my fixed term lease?

  A fixed term lease agreement is a contract that is legally binding, however, in some circumstances you may be able to be ‘released’ from that contract early.

  Always try to negotiate with your landlord/agent or housing provider first and see if you can come to some kind of mutual agreement – make sure any agreement is in writing.

  If an agreement is not made, a tenant can apply to SACAT and ask the Tribunal to be released from the lease early on grounds of undue hardship, domestic violence or any other special circumstance. (financial penalties may be incurred)

• Can I withhold rent because maintenance hasn't been completed at my property?

  No. Rent is a separate issue to maintenance repairs. Contact your Housing Provider or RentRight SA for further information on how to have maintenance completed.

• Can my Housing Provider visit or inspect my property without prior notice?

  No. Your Housing Provider has to give you 7 to 14 days notice of their intention to enter your property to inspect. However, they can attend without prior notification in the case of an emergency or to make urgent repairs.

• Can my rent be increased?

  Yes, if it is written into your tenancy agreement the rent can be increased every 12 months provided you are given 60 days’ notice in writing.

• Can RentRight provide emergency housing?

  No. We are sorry, but RentRight SA does not provide emergency housing.

  You may be able to get help from:

  • Homelessness Gateway Service (all ages) on 1800 003 308
  • Domestic Violence and Aboriginal Family Violence Gateway Service on 1800 800 098
  • SA Housing Authority on 131 299

• How do I get my bond back?

  To have your bond refunded you need to come to an agreement with your Housing Provider. If an agreement isn’t reached you can dispute the bond claim.

  More information

• I'm sharing with others – can I just move out?

  No. If your name is on the lease you need to arrange for this to be removed prior to leaving the property. If this cannot be arranged you may be liable for any unpaid rent or damage that is caused to the property as long as your name remains on the lease.

  More information

• I've received a Form 2, am I being evicted on the date stated?

  No. A Form 2 is a warning letter; you need to rectify the breach by the date stated. If you do not rectify the breach by this date the landlord/agent can apply to the SACAT for a hearing to have you evicted. This may result in Vacant Possession being ordered.

• My lease is ending. What can I do?

  Don’t leave it to the last minute. Contact the landlord/agent approximately 8 weeks prior to the end of the lease to find out if it will be renewed. If it is not renewed and you continue to remain in the property beyond the end of the lease you may be evicted.

  For fixed term tenancies entered into on or after 1 March 2014 either the landlord or the tenant may terminate a fixed term agreement at the end of the term after giving at least 28 days’ written notice.  If this notice is not given by either party, the agreement will continue as a periodic tenancy.

• What if I can’t pay my rent?

  Firstly, try to arrange a payment plan with your Housing Provider. If this is unsuccessful or you are in a significant amount of arrears contact the SA Housing Authority and they may be able to provide some financial assistance if you meet the eligibility criteria.

• What is the difference between shared tenancy and subtenancy?

  A shared tenancy is where two or more people are listed on the lease and share equal responsibilities for the tenancy. A sub tenant/head tenant works differently where the sub-tenant treats the head tenant as their landlord.

• What type of lease am I on?

  You can either be on a periodic or fixed term lease.

  More information