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Termination if Premises Destroyed or Uninhabitable

Section 83B (landlord) or Section 86B (tenant) of the Residential Tenancies Act 1995 (SA) provides that if the property is:

  • destroyed or rendered uninhabitable; or
  • ceases to be lawfully usable for residential purposes

either party can terminate the tenancy agreement immediately by giving the other party written notice. This may occur after a natural disaster such as a flood or bushfire, or as a result of other types of damage.

The landlord must use Form 2B and the tenant must use Form 4C. The Forms can be either handed to the other party, posted to them or left for them at the last known address, or to an email address or fax number that has been provided for the purposes of service of notices.

If the property is safe to live in, but requires repairs, a tenant needs to give the landlord notice of the repairs. See further Repairs.

Termination if Premises Destroyed or Uninhabitable  :  Last Revised: Mon Oct 15th 2018
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.