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The tenant's obligations

The tenant must:

  • keep the premises reasonably clean;
  • not intentionally or negligently cause damage to the premises;
  • notify the landlord of any damage to the premises;
  • replace or compensate the landlord for reasonable use or replacement of any ancillary property lost or destroyed while in their care*;
  • not use the premises for any illegal purpose;
  • not cause or permit a nuisance;
  • where the premises are adjacent to premises occupied by the landlord or another tenant of the landlord, not interfere with the reasonable peace, comfort or privacy of the landlord or the other tenant;
  • if asked, give the landlord their correct name and place of occupation;
  • at the end of the tenancy, return the premises to the landlord in a reasonable state of cleanliness.

See Residential Tenancies Act 1995 (SA) ss 69-71.

*An exception to the tenant’s responsibility to compensate for damage occurs where a tenant unintentionally causes damage to the premises or ancillary property as a result of the use of a domestic facility requiring instruction where the landlord has failed to instruct the tenant as to its proper use [ss 48(2), 69(3a)]. A tenant who intentionally causes serious damage commits an offence and may be fined up to $25,000 [Residential Tenancies Act 1995 (SA) s 69(2)].

Alterations and additions

Unless it is allowed by the tenancy agreement, the tenant may not make any alteration or addition to the premises without the landlord's written consent [s 70 (1)]. However, a landlord must not unreasonable withhold consent to an alteration or addition to the premises that:

  • is minor in nature; or
  • is necessary to ensure the provision of prescribed services or infrastructure; or
  • is reasonable and necessary for a tenant
    • with a disability
    • who has mobility and access needs relating to their age; and
    • the alteration or addition would not significantly change or affect the structure of the premises.

A landlord may refuse consent for a number of reasons, including if a valid notice of termination has been given to the tenant, if the alteration or addition would significantly change the premises or it would be difficult to return the premises to their original condition [s 70(1ab)].

Unless otherwise agreed between the landlord and tenant, the tenant must cover the cost of any alteration and addition and return the premises to their original condition at the end of the tenancy [s 70(2a)]. This is regardless of whether the alteration or addition was made with the landlord's consent or not [s 70(2b)].

A tenant can remove any fixture that was fixed by them during the tenancy, as long as the removal does not cause irreparable damage [s 70(2)]. If damage is caused by removing the fixture the tenant must notify the landlord and either repair the damage or compensate the landlord – the choice is the landlord's [s 70(3)].

The tenant's obligations  :  Last Revised: Fri Jul 19th 2024
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