Renting your own place or moving out with other people can be exciting. However, it can also be a very big decision. This page has information about how to prepare to move into a rental property, and what your rights are.
If you are already in a rental, and have a question, check out our guide to living in a rental, and our guide to leaving a rental. Not sure if your property is a rental? Check out our guide on different kinds of shared accommodation.
For legal advice about this topic, please contact us here.
Renting is an agreement between a tenant and a landlord. It is also known as a lease. A tenant is a person who lives in a property owned by someone else. A landlord is a person that owns a property. There can sometimes be multiple tenants on a lease. In this situation, these tenants are known as co-tenants.
Often if you are a tenant, you will deal directly with a real estate agent rather than the landlord. The real estate agent acts as a representative of the landlord. Where we have referred to landlords below, remember that the agent can act on the landlord’s behalf.
There are some other types of living arrangements which don’t fit into these categories, like living in share houses, sub-lets, boarding rooms, or in student accommodation. We have a separate page on this that you can read.
Yes, in South Australia you can rent if you are under 18. A young person who is under 18 can make a legally binding contract, so long as the agreement is for something that is necessary (such as food, clothing and accommodation), and you understand the nature of the contract. This means that if you sign a lease, you will likely be bound by that agreement even if you are under 18.
While it is not illegal to move out of home before you are 18, your parents might try to make you come home. This is because your parents have a responsibility to provide you with housing and a safe place to live if you are under 18. If you are looking for information about leaving home, you can look at our webpage on moving out.
If you are under 18 and want to rent, a landlord cannot reject your tenancy application just because you are under 18. However, a landlord may reject your application if they have reasonable concerns that you may not be able to pay the rent. If you think a landlord has discriminated against you because of your age, you can contact us for legal advice.
To maximise your chances of your application being accepted, you could include the following with your application:
Tenants and landlords can enter into either written, verbal or implied rental agreements. We recommend getting a written agreement, so that everyone is clear about the terms of the agreement.
If your rental agreement is for a specific period, like 6 or 12 months, this is known as a fixed-term lease. If your rental agreement has a start date but no end date, this is known as a periodic lease.
There are different rules for ending a rental agreement depending on whether you are on a fixed-term or periodic lease. If you are looking for information about ending a lease, you can check out our webpage on leaving a rental.
Written residential rental agreements in South Australia can be drafted by the parties or by using the standard form created by Consumer and Business Services via SA.GOV.AU – Lease agreements which are free of charge. Any costs for preparing the written agreement must be paid by the landlord.
Your landlord is allowed to ask you to provide a bond at the start of your tenancy, and they generally do. The bond covers some of the costs that a landlord may have to pay when you move out if there is a dispute around damage or cleaning.
The bond amount is capped at 4 weeks rent for weekly rent up to $800 a week, and up to 6 weeks rent for higher rents. Your landlord must lodge your bond with the Commissioner for Consumer Affairs SA.GOV.AU – Lodging a bond.
Bonds can be expensive. If you cannot afford to pay a bond, you may be able to borrow the money as an interest-free bond loan from the SA Housing Trust Private Rental Assistance | SA Housing Trust.
Sometimes support services can also provide bond assistance. Search Ask Izzy for organisations that can provide bond or rent help.
Yes, an inspection sheet needs to be completed. An inspection sheet sets out the state of repair and general condition of the property when you start a lease. It must be given to you at the time a tenant commences occupation of premises, and you must sign a copy both at the time of commencement and termination of the agreement.
The inspection sheet can be used as important evidence of the state of repair or general condition of the property at the start of the lease if there is any dispute around getting your bond back, or who is responsible for damage.
It’s a good idea to take your own photos of the property when you move in even if the landlord or real estate agent have provided photos. Make sure to date and label each photo and store them somewhere safe, like in an album on your phone or laptop. You should also attach the photos to the inspection sheet when you give the signed copy back.
The landlord can ask for payment for an option to enter into a tenancy agreement, but it must be applied to your rent once an agreement is signed. If no lease is signed by the prospective tenant, the landlord can keep the money paid.
Landlords can also ask for rent in advance, but this is limited to up to 2 weeks rent.
Landlords cannot charge fees for preparing a rental agreement or for using electronic rent payments or collection of rent from the tenant. Landlords also cannot include a charge for late rent payments.
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