There are different ways to enter into a lease. Temporary leases have a set deadline (see “Temporary or periodic leases?”). A landlord or tenant may, in certain circumstances, attempt to terminate an agreement. An “interested party” such as a tenant`s neighbour may also try to terminate a lease if the tenant`s behaviour is not acceptable. A lessor may apply to the Court (SACAT) for an injunction to terminate a lease and grant ownership of the premises in the event of a breach of contract sufficiently qualified to justify the termination of the contract (see 87 (1)). This procedure may be preferable to the termination provided for in Article 80 if the infringement cannot be corrected. Limited services available for bond depositNorthern Market Shopping CentreCorner Murray and Cowan StreetsGawler SA 5118 Under the Residential Tenancies Act 1995 (SA), a tenant generally cannot terminate a fixed-term contract unless the lessor breaches the agreement [see 85]. However, if such notification is not valid, if it is misserved or if the lessor terminates the infringement, the contract cannot be terminated. The lessor may respond to any communication under section 85 by submitting to the Tribunal (SACAT) an application for reinstatement of the lease. It is an offence to enter into an agreement or agreement to exclude or circumvent the conditions created under the law and it is not possible to waive the rights granted under the law [s 115].
The maximum penalty for entering into an agreement to defeat, circumvent or prevent the operation of the Residential Tenancies Act 1995 (SA) is $10,000. The relationship between the main tenant (who enters into the original lease with the lessor) and the subtenant (who enters into a lease with the principal tenant) is substantially the same as that of the lessor and the lessee. The subtenant pays the main tenant rent for the right to exclusive use of some or all of the premises for which the main tenant has granted a similar right by the lessor. A sublease agreement must be at least one day shorter than the life of the main tenant, failing which it is considered an assignment of the lease agreement. Tenants who are victims of domestic violence are subject to special provisions. For more information, see intervention contracts and leases. A tenant may apply to SACAT to terminate a temporary lease or periodic lease if the lessor has committed a serious breach of contract [see 88]. Note that as a general rule, a fee is levied unless you apply for an exemption (for concession card holders and full-time students) or a waiver (due to financial difficulties). If two or more tenants jointly enter into a lease agreement, they are joint tenants and are jointly and severally (separately) liable for the lease obligations. This means that each of them can be held responsible for the full amount of the rent and the full cost of compensation to be paid to the lessor in the event of a breach of contract.
The landlord can bring an action against one or all of the tenants. .