Renting and Sharing
Your rights and responsibilities
Both Tenants and Landlords have rights. You cannot do everything you want in your rented place and the Landlord cannot do everything they want to the property once it has been rented out.
The Residential Tenancies Act describes all these rights and responsibilities. For example: How often can the landlord visit for an inspection? What are your rights if the owner wants to sell the property? What happens in the case of intentional damage versus ‘fair wear and tear’?
You may not think it’s compelling reading until you are faced with a situation and want to know “Can my landlord do that?” or “I want to break my lease, can I do that?”
Make sure that you read through your lease and the information brochure on the Residential Tenancies Act 1995 that your landlord is required to give you when you sign the lease.
The Tenancies Branch
The Tenancies Branch can give you answers to questions you might have about the Residential Tenancies Act and offer advice on how to resolve issues between yourself and the landlord in relation to your rental agreement. They provide a free telephone information service called the Landlord and Tenant Advisory Service.
Contact them on 8204 9544 or visit www.ocba.sa.gov.au/tenancies/
Bond
Renting a property always requires the payment of a bond.
What is a bond?
A bond covers the landlord (the person that owns the property) for the cost of any damage or cleaning costs that may be required when the tenant leaves the property.
When and where must a bond be paid?
The bond must be paid before you move into the property and is usually the equivalent of about four weeks rent. The bond is paid to the landlord/agent who lodges it with the Tenancies Branch of the Office of Consumer and Business Affairs.
When will your bond be returned?
The bond will be refunded when you leave as long as there is no damage to the property, it is left clean and you do not have other outstanding debts such as unpaid rent.
Bond assistance
If you are a low income earner, you may be eligible for financial assistance in the form of a bond guarantee from the South Australian Housing Trust when lodging a bond. Call 13 12 99 or go to www.housingtrust.sa.gov.au
Your Lease
Most landlords or real estate agents require their tenants to sign a lease which states terms and conditions of your rental agreement. A lease will usually cover things like:
- When rent is due and what will occur if it is not paid;
- Keeping the premises reasonably clean;
- Responsibility for any damage to the premises;
- A list of who is permitted to live in the house;
- Process for the landlord/agent to maintain the property and conduct repairs;
- The length of the lease (usually six or twelve months);
- Responsibilities and processes if the lease is broken.
It’s important to remember that you are never required to sign a contract on the spot, so feel free to take it home and read it through thoroughly or ask others for advice.
