A tenancy agreement is an agreement under which a person grants another person a legal right to occupy premises for the purpose of his stay. It can be written, oral or implied. If, within two months of the start of a lease agreement, the lessor enters into a contract to sell the premises that was not disclosed at the time of signing the contract (according to Section 47A), the tenant may terminate the termination [s 85A] (with Form 4A). If the lessor can communicate the sale contract in writing, the tenant must exercise his right to terminate within two months of receiving the termination. If, intentionally or lightly, the tenant causes serious damage to the premises or damage to the landlord or persons in adjacent premises, a lessor may terminate a lease agreement [s 87(2)]. No notification is required, but the lessor must ask SACAT for an order to terminate the lease (with Form 7). Note that a fee is charged. A rental agreement is usually written and signed by both the tenant and the landlord. Other examples of inconsistent rental conditions can be found in the “Lease agreement terms inconconsistent with the Residential Tenancies Act 1995” fact sheet.
The relationship between the principal tenant (who enters into the initial lease with the lessor) and the subtenant (who enters into a tenancy agreement with the principal tenant) is much the same as that of the landlord and tenant. The subtenant pays the principal tenant rent for the right to an exclusive occupancy of a part or all the premises for which the principal tenant has obtained a similar right from the lessor. A sublease must be at least one day shorter than the principal tenant`s own life, otherwise it is considered an assignment of the tenancy agreement. Contractual terms can only be changed with the written agreement of all parties. The tenant is the right to occupation that results from the relationship between the landlord and the tenant. The Residential Tenancies Act 1995 (SA) uses a broad definition of leases and leases. As a general rule, renting a room or suite in the basement means that you share a unit with the owner. A cellar suite is a detached living unit with private kitchen, bathroom and living room. Most tenants of a cellar suite use a separate entrance to enter the house, as the rest of the residents. If you rent a room, you are likely to share the kitchen or bathroom with the owner.
When two or more tenants jointly enter into a tenancy agreement, they are co-tenants and are jointly liable (separately) for the obligations of the lease. This means that each of them can be held responsible for the total amount of the rent and the total compensation costs to be paid to the lessor in the event of a breach of contract. The landlord can sue one or all tenants. There is now an online facility called Online Residential Bonds, whereby registered agents, landlords and tenants can check the status of their obligation. The court may sue against any application for a rental agreement, unless a party has an intergovernmental residence [see All leases are legal contracts, including verbal agreements).