Under the Residential Tenancies Act 1995 (SA), a tenant generally cannot terminate a fixed-term contract unless the lessor violates the agreement [s 85]. However, if this notification is not valid, if the lessor is not served or terminates the infringement, the contract cannot be terminated. The lessor can respond to any section 85 notification by filing an application to the court to reinstate the lease (SACAT). Under the Residential Tenancies Act 1995 (SA), the lessor must bear the costs of its preparation [s 50]. At the time of signing the tenancy agreement, the lessor must issue a copy to the tenant and, if the lessor has not yet signed the contract on that date, provide the tenant with a properly executed copy within 21 days of the signing or as soon as possible after the expiry of the contract [s 49(6)]. Residential rent databases are private commercial databases that contain information on tenant history. These databases are governed by the provisions of Part 5A of the Residential Tenancies Act 1995 (SA). A periodic lease is valid for a recurring period with no fixed term. Many periodic leases are oral agreements, but a periodic lease can be written, and standard form agreements are available online on the SA Gov website. Other examples of inconsistent rental conditions can be found in the «Lease agreement terms inconconsistent with the Residential Tenancies Act 1995» fact sheet.

If a fixed-term contract is not terminated before or at the end of the fixed-term contract (i.e. the tenant does not close and the lessor does not require the tenant to be terminated), the contract will be maintained as a periodic tenancy agreement. The duration of the lease depends on the interval between the rental periods under the contract (z.B. 14 days, monthly). Tenants and landlords can agree on additional conditions that apply to the contract in addition to the legal provisions. Additional provisions cannot oppose, amend or attempt to exclude any of the provisions of the legislation from the application of the agreement. This explains the general rights and obligations of landlords and tenants in rental contracts in South Australia and also indicates the names and addresses of agencies that can be approached for more information or assistance. The agreement has two objectives.

First, it allows the landlord and tenant to list the details of the lease, such as the names of the parties, the duration of the contract, the amount of the rent and how the payments are to be made. The rent cannot be increased during a temporary agreement, unless a condition is included in the agreement that allows for an increase. Owners and brokers who list personal data about a person in a lease agreement must, upon written request, provide them with a copy of the information within 14 days of the application [99J]. The same provision applies to a database operator when it receives a written request for a copy. A fee may be levied, but it should not be excessive. The lease agreement must be aware of the consequences of illegal activities in the property. Illegal behaviour in a building can have serious negative consequences for the owner. It is therefore important to have a clause that guides the tenant on acceptable behaviour and punishment for illegal behaviour.