Fixed-term contracts The lessor may terminate a fixed-term contract at the end of the term of the life period by providing the tenant with a Form 2A and at least 28 days in advance. Below is a summary of the measures made available to a lessor when a tenant has breached the rental agreement. These apply to both fixed and periodic leases. The owner may terminate the contract directly with the court in the following circumstances. If the court decides to terminate the agreement, it sets a termination date. Applications are submitted online: ask SACAT The problem with oral agreements is that they can be difficult to apply. In the event of a dispute, a court should hear evidence and decide who will accept the version of the truth. Where there is a written agreement, the courts are usually required to abide by the terms of the written agreement, even if they do not agree with them. Signing incentives are the bonuses that the lessor grants to the tenant, usually for signing a lease or signing a fixed-term lease agreement.
You can include a free monthly rent or a rent reduction for the months of temporary rental. If the tenant violates the rental agreement, these incentives must be refunded under the support to the owner. Periodic agreements (or fixed-term contracts) The lessor may terminate a periodic contract without justification by giving the tenant a Form 3 and at least 90 days in advance. Example of an unforeseeable offence on the part of the tenant Yeomans in Janoska & Parry (RT10/1337) The tenants were responsible for serious damage to the rental premises, including a hole in the front door and a room screen that was destroyed and removed during an altercation. In addition, there were noisy clashes between the tenants, which disturbed their neighbors. The male tenant had threatened several neighbors, sometimes older, enormously towards himself or, in one case, with a dog. The court found that the lease had been breached in accordance with Article 87(2) and ordered the termination of the contract. Under South Australian law, there are a number of circumstances in which the lease can be terminated.
In some situations, the landlord or tenant may choose to terminate the rental agreement, and there are other cases where the lease is automatically terminated.. . . .