Eviction Notice SA — Complete Guide for Landlords

If you’re a self-managing landlord in South Australia, ending a tenancy is now one of the most legally complex tasks you’ll face. Since 1 July 2024, no-grounds terminations have been abolished. Every termination notice you issue — whether for a periodic or fixed-term tenancy — must state a genuine prescribed reason, and for many grounds you must provide specific written evidence approved by the Commissioner for Consumer Affairs.

SA’s termination framework is spread across multiple sections of the Residential Tenancies Act 1995, the Residential Tenancies Regulations 2025 (which replaced the 2010 Regulations on 1 September 2025), and six different prescribed forms depending on the ground. Get the form wrong, use the wrong notice period, or fail to include the required evidence, and your notice may be ineffectual. Get it deliberately wrong, and the penalties are severe — up to $50,000 for falsely stating the ground of termination.

This guide covers every termination ground available to landlords, the exact notice periods and prescribed forms, the evidence you must provide, what happens if the tenant doesn’t leave, and the re-letting restrictions that apply after the tenancy ends.

If you’re dealing with a tenancy that may end in formal notice, keep the SA lease agreement guide and broader SA residential tenancies act guide guides nearby. If money is likely to be disputed at the end, our SA rental bond guide guide is the next page to read.

The End of No-Grounds Terminations

Before 1 July 2024, landlords in SA could end a periodic tenancy with a simple notice and without specifying a reason. The Residential Tenancies (Miscellaneous) Amendment Act 2023 — the most significant reform to the Act since it was enacted in 1995 — abolished this practice entirely. Amendments to Sections 79, 81, 83, and 83A now require landlords to specify a prescribed ground for every termination.

The prescribed grounds are set out in the Act itself (Sections 80, 80A, 81, 83B) and in the Regulations (Regulations 23, 24, and 25). Each ground has its own notice period, its own prescribed form, and in many cases its own evidence requirements. The grounds available to you depend on whether the tenancy is periodic or fixed-term, and in the case of fixed-term tenancies, whether you are terminating during or at the end of the fixed term.

The Six Landlord Termination Forms

SA uses six different prescribed forms for landlord-initiated terminations, and using the correct form is a legal requirement under Regulation 22. The forms are:

Form 5 — Landlord’s notice of breach to tenant / termination of agreement. Used for breach of agreement, including non-payment of rent (Section 80).

Form 6 — Notice of termination by landlord on ground of drug contamination. Used when the tenant has engaged in drug-related conduct and contamination testing confirms the premises are contaminated (Section 80A).

Form 7 — Notice of termination of periodic tenancy by landlord because possession is required. Used to end a periodic tenancy where the landlord requires possession for demolition, renovation, family occupation, contract of sale, or sales agency agreement (Section 81). This form also serves as the termination form for community housing providers.

Form 8 — Notice of termination of periodic tenancy by landlord on specified ground. Used to end a periodic tenancy on a prescribed ground under Section 83 and Regulation 24 — covering grounds such as safety risk, threats, unauthorised pets, and false information.

Form 9 — Notice of termination by landlord at end of fixed term tenancy. Used to terminate a fixed-term tenancy at the end of the fixed term on any ground prescribed by Regulation 25 (Section 83A).

Form 10 — Notice of termination by landlord where agreement frustrated. Used when the premises have been destroyed, rendered uninhabitable, or compulsorily acquired (Section 83B).

All forms are available from sa.gov.au/tenancy/privaterentalforms. Using the wrong form for your ground creates a procedural deficiency that the tenant can challenge at SACAT.

Breach of Agreement — Section 80 (Form 5)

This is the most common termination pathway for landlords and the only one that can terminate a tenancy during a fixed term. The process differs depending on whether the breach is non-payment of rent or another type of breach.

Non-Payment of Rent

Rent must be at least 14 days overdue before you can issue a breach notice. The notice (Form 5) must specify the breach and give the tenant at least 7 days to pay the outstanding rent. If the rent is not paid within the 7-day period, the tenancy terminates automatically by force of the notice, and the tenant must give up possession.

There is a timing detail that trips up many landlords. The breach notice is ineffectual unless the rent has remained unpaid for not less than 14 days before the notice is given. If rent is due on the 1st of the month, the tenant is not in arrears until the 2nd, and 14 days of arrears means the earliest you can issue the notice is the 16th. Getting this wrong renders your notice ineffectual from the outset.

If the tenant pays the rent within the 7-day remedy period, the breach is cured and the notice has no further effect. If the tenancy terminates and the tenant gives up possession, you are entitled to compensation for any loss (including loss of rent) caused by the termination — but you must take reasonable steps to mitigate that loss.

Other Breaches

For breaches other than non-payment of rent, the landlord must give the tenant at least 7 days to remedy the breach (Form 5). If the breach is not remedied within that period, the tenant has a further 7 days to vacate the premises.

This means the total minimum period from issuing the notice to the tenant being required to leave is 14 days for a non-rent breach — 7 days to fix the problem, then 7 more days to move out if they don’t.

Tenant’s Right to Challenge a Breach Notice

After receiving a breach notice but before giving up possession, a tenant can apply to SACAT for an order declaring that they are not in breach, or that they have remedied the breach, or to have the tenancy reinstated. Under Section 80(5), SACAT can reinstate a tenancy even where satisfied it has been validly terminated, if SACAT concludes it would be just and equitable to do so.

Fixed-Term Tenancies and Breach

Unlike most other termination grounds, a breach notice under Section 80 can terminate a fixed-term tenancy before the end of the fixed term. The day specified in the notice for the tenant to give up possession can be earlier than the last day of the term.

Drug Contamination — Section 80A (Form 6)

This ground was introduced by the 2023 Amendment Act. A landlord can terminate a tenancy immediately if the tenant has engaged in, or allowed another person to engage in, drug-related conduct on the premises or ancillary property, and contamination testing conducted under Section 67B confirms the premises are contaminated as a result.

“Drug related conduct” is defined as the manufacture, smoking, consumption or administration of a controlled drug, but excludes simple cannabis offences under Section 45A(8) of the Controlled Substances Act 1984. Testing must be conducted in accordance with Section 67B and Regulation 17.

This is one of only two grounds where the notice can terminate the tenancy immediately (the other being destruction or uninhabitability under Section 83B).

Periodic Tenancy — Possession Required (Section 81, Form 7, 60 Days)

If you need possession of a property that is on a periodic tenancy, you can terminate with at least 60 days’ notice using Form 7 on any of the following grounds:

The landlord requires possession because the premises are about to be demolished, or are to be substantially renovated and the work cannot be done with reasonable convenience while the tenant remains. The landlord or a member of the landlord’s immediate family — defined as spouse, child, parent, or the spouse of a child or parent — wants to occupy the premises. The landlord has entered into a contract for sale and needs to give vacant possession to the purchaser. The landlord has entered into a sales agency agreement with a registered agent and needs vacant possession to sell.

Evidence Requirements

Every termination on a Section 81 ground must be accompanied by written evidence approved by the Commissioner for Consumer Affairs. The evidence requirements, set out in Section 91(1)(ea) and published by CBS, are specific to each ground:

Demolition: Notice of development approval, or a contract with a licensed building work contractor stating the date demolition will occur.

Repairs or renovations: Photographic proof that the work is required, a written statement explaining why the premises need to be vacated, and either a contract with or quotation from a suitably qualified tradesperson (stating the nature of the repairs and estimated timeframe for completion) or a copy of planning or development approval under the Planning, Development and Infrastructure Act 2016.

Landlord or family occupation: A witnessed Statutory Declaration signed by the landlord stating either that they intend to live in the premises, or their relationship to the person who will occupy the premises. The Statutory Declaration must also confirm that the landlord understands they must not grant a fresh tenancy to any person (other than the person moving in) for use primarily as a residence within 6 months of the date notice was given.

Contract of sale: A copy of the contract of sale, signed by vendor and purchaser and dated. Personal information and confidential details such as the purchase price may be redacted.

Sales agency agreement: A copy of the sales agency agreement, signed by both the landlord and the registered agent and dated. Personal information and confidential details such as sales price and commission rates may be redacted.

Re-Letting Restriction

After terminating on any Section 81 ground, you must not grant a fresh tenancy over the premises for use primarily as a residence within 6 months of the date the notice was given, unless SACAT grants consent. The maximum penalty for breaching this restriction is $35,000 with an expiation fee of $2,000 (Section 81(4)). A separate but similar re-letting restriction under Section 91A (with a penalty of $25,000 / $1,200 expiation) applies to fixed-term terminations on the same possession grounds under Section 83A and Regulation 33.

Tenant’s Right to Leave Early

A tenant who receives a notice under Section 81 can give up possession before the end of the 60-day notice period. If the tenant gives you at least 7 days’ written notice of their intention to vacate, they are not liable for rent after the day they give up possession. If the tenant gives less than 7 days’ notice, they are not liable for rent after the 7th day following their notice to you (Section 81(2a)).

Periodic Tenancy — Prescribed Grounds (Section 83, Form 8, 90 Days)

Where a landlord needs to end a periodic tenancy for a reason other than possession (which uses Form 7 at 60 days), the grounds are prescribed in Regulation 24. The notice period is at least 90 days, and you must use Form 8.

The prescribed grounds under Regulation 24 are:

The tenant or a tenant’s visitor posed a serious risk to the life, health or safety of the landlord, the landlord’s agent, or someone living in the immediate vicinity. The tenant or another person living at the premises threatened or intimidated the landlord, their agent, or a contractor or employee of the landlord or agent. The tenant kept a pet on the premises without the required authorisation. The tenant provided the landlord or agent with false, misleading or deceptive information, or knowingly concealed information, regarding the tenant’s identity or workplace that secured the tenant the tenancy agreement. It was a term of the tenancy agreement with a charity that the tenant meet eligibility requirements and they no longer meet them. The tenant is no longer an eligible tenant under the National Rental Affordability Scheme (NRAS) and the landlord is an NRAS approved participant. It was a term of the tenancy agreement that the tenant be a student of an educational institution and they no longer are. It was a term of the tenancy agreement that the tenant be an employee of the landlord and they no longer are.

There are important restrictions on when Section 83 can be used. It cannot be used if the tenancy is for a fixed term — fixed-term tenancies can only be terminated at the end of the term using Form 9 under Section 83A. It also cannot be used if the premises are subject to a housing assessment order, housing improvement order, housing demolition order, preliminary rent control notice, or rent control notice, or if an order under Section 56 (excessive rent) is in force or proceedings for one have been commenced (Section 83(2)). This means that if your tenant has reported the property and it is subject to a housing standards investigation, you cannot use Section 83 to terminate — even if you have a genuine prescribed ground. Community housing providers cannot use Section 83 to terminate a member’s tenancy; they must use Section 82 (Form 7) instead.

Fixed-Term Tenancy — End of Term (Section 83A, Form 9, 60 Days)

A landlord can only refuse to renew a fixed-term tenancy at the end of the fixed term if they have a prescribed reason under Regulation 25. The minimum notice period is 60 days, and you must use Form 9. The termination date cannot be earlier than the last day of the fixed term.

Regulation 25 carries a broader list of grounds than is available for periodic tenancies. It includes all five of the possession-required grounds from Section 81 (demolition, renovation, family occupation, sale, sales agency), all the prescribed grounds from Regulation 24 (safety risk, threats, unauthorised pet, false information, eligibility changes), and several additional grounds:

The tenant has been given 2 notices under Section 80 for the same or substantially similar breach and has then breached the agreement in the same or substantially similar way a third time. The tenant failed to pay the bond for the premises. The tenant or another person permitted on the premises by the tenant intentionally or negligently caused serious damage to the premises, a nearby area, or safety equipment. The tenant or another person caused the premises to be unfit for human habitation, totally destroyed, or destroyed to the extent of being unsafe. The tenant used the premises, or caused them to be used, for an illegal purpose (including drug-related conduct). The landlord is a purpose-built student accommodation provider and the tenant failed to accept a written offer to extend or renew the agreement within 30 days of receiving it.

A purpose-built student accommodation provider who terminates on the non-acceptance ground must not impose a charge or fee on the tenant for the termination or for failing to accept the offer within 30 days (Regulation 25(2)).

Evidence and Re-Letting for Fixed-Term Terminations

If you terminate a fixed-term tenancy on one of the possession-based grounds (demolition, renovation, family occupation, sale, or sales agency agreement), the same evidence requirements apply as for periodic tenancies under Section 81. You must also comply with the 6-month re-letting restriction under Section 91A and Regulation 33.

Tenant’s Right to Leave Early

A tenant who receives a termination notice under Section 83A can vacate before the end of the fixed term and is not liable for rent after vacating, provided they give you at least 7 days’ written notice (Section 83A(3)). However, this early exit right does not apply if the termination is on a ground prescribed by the Regulations for the purposes of Section 83A(4) — which covers grounds that also constitute a breach of the tenancy agreement.

Frustrated Agreement — Section 83B (Form 10)

If the rental property is destroyed, rendered uninhabitable, or ceases to be lawfully usable as residential premises (through no fault of the tenant), you can terminate the tenancy immediately using Form 10. No notice period is required for destruction or uninhabitability.

If the premises have been compulsorily acquired, you must give at least 60 days’ notice using the same form.

Death of a Sole Tenant — Section 79B (Form 4)

The death of a sole tenant automatically terminates the tenancy 30 days after the death, unless otherwise agreed, ordered by SACAT, or the tenant’s estate gives up possession earlier. A “sole tenant” means the only tenant under the agreement whose dependants are not in occupation of the premises.

You can issue Form 4 to formalise the termination. The tenant’s administrator or next of kin can also give notice to terminate earlier using Form 3.

Notice Period Summary

Termination by SACAT (Without a Notice)

Some situations allow you to bypass the termination notice process entirely and apply directly to SACAT for a termination order. These cover the more serious scenarios.

Serious breach not capable of remedy (Section 87(1)): SACAT can terminate a tenancy and make an order for possession if the tenant has committed a breach that is sufficiently serious to justify termination. This pathway is appropriate where the breach cannot be remedied — for example, where the tenant has destroyed part of the property and it cannot be restored to its original condition.

Repeated failure to pay rent (Section 87(1a)): If the tenant has failed to pay rent and has already been given breach notices under Section 80 on at least 2 previous occasions in the preceding 12 months, you can apply to SACAT for termination. SACAT may instead make alternative orders requiring the tenant to comply with specified conditions regarding rent payments (Section 87(1b)).

Serious damage or injury (Section 87(2)): If the tenant or a person on the premises with the tenant’s consent has intentionally or recklessly caused, or is likely to cause, serious damage to the premises or personal injury to you, your agent, or a person in the vicinity, SACAT can terminate the tenancy and make an order for immediate possession.

Undue hardship (Section 89): If continuing the tenancy would cause you undue hardship — for example, you urgently need to sell due to financial difficulty — SACAT can terminate the agreement. SACAT may also order you to compensate the tenant for any loss and inconvenience resulting from the early termination.

Domestic abuse (Section 89A): A landlord can apply to SACAT to terminate a tenancy if there is an intervention order in force against a tenant for the protection of a person who normally resides at the premises, or the tenant has committed domestic abuse against such a person. However, SACAT has broad discretion here and may make alternative orders — including requiring the landlord to enter into a new tenancy with a co-tenant or another person who normally resides at the premises.

None of these pathways require a termination notice first. You apply directly to the Tribunal.

What Happens If the Tenant Doesn’t Leave

If you have issued a valid termination notice and the tenant does not vacate by the required date, you cannot evict them yourself. You must apply to SACAT for an order for possession under Section 93.

If SACAT is satisfied the tenancy has been terminated, it can make an order for possession. The order takes effect on a date specified by the Tribunal, which must be no more than 7 days after the date of the order — unless the operation of the order is suspended.

Hardship Suspension

If SACAT is satisfied the landlord is entitled to possession but the tenant would suffer severe hardship from an immediate order, SACAT can suspend the possession order for up to 90 days (Section 93(4)). During the suspension, SACAT extends the tenancy agreement and may modify its terms — but cannot reduce the tenant’s financial obligations. You are entitled to compensation if the tenant fails to comply with the order, and SACAT can order the tenant to pay that compensation.

Enforcement by Bailiff

If the tenant still does not leave after the possession order takes effect, it is enforced by a bailiff as soon as possible (Section 99). The maximum penalty for obstructing a bailiff enforcing a possession order is $50,000 with an expiation fee of $2,000.

The One-Month Deadline — Section 92A

There is a critical timing requirement that catches landlords off guard. If the tenant does not give up vacant possession within 1 month after the termination date specified in your notice, and you have not applied to SACAT for a possession order within that same 1-month period, your termination notice becomes ineffectual and the tenancy is treated as though it was never terminated (Section 92A).

This means you cannot issue a termination notice and simply wait indefinitely for the tenant to leave. If they don’t go, you must apply to SACAT within one month or start the entire process again.

Self-Help Eviction Is a Criminal Offence

Under Section 95, it is an offence to enter premises for the purpose of taking possession unless the tenant has abandoned or voluntarily given up the premises, you hold a notice to vacate, or you have an order from SACAT or a court. The maximum penalty is $35,000 with an expiation fee of $2,000.

This means you cannot change the locks, remove the tenant’s belongings, disconnect utilities, or physically prevent the tenant from entering — regardless of the circumstances. Even if the tenant is months behind on rent, even if the termination date has passed and the tenant refuses to leave, the only lawful path is through SACAT. The penalty for self-help eviction ($35,000) is higher than the penalty for breaching the re-letting restriction ($25,000).

Retaliatory Terminations — Section 90A

From 1 July 2024, SACAT has the power to declare a termination notice ineffective if it is satisfied the notice was retaliatory. SACAT can find a notice is retaliatory if the landlord was wholly or partly motivated to issue it because the tenant applied or proposed to apply to SACAT for an order, or took or proposed to take any other action to enforce a right under the tenancy agreement or the Act (Section 90A(3)).

If SACAT declares a notice retaliatory, it can also order the landlord to pay up to $5,000 into the Residential Tenancies Fund.

As a practical matter, this means you need to be careful about timing. If you issue a termination notice shortly after a tenant requests repairs, lodges a complaint with CBS, or applies to SACAT for a compliance order, the tenant can argue the notice was retaliatory. Even if your ground is genuine, the proximity in timing creates a risk. Make sure you can clearly demonstrate that your reason for termination is unrelated to any action the tenant has taken.

Domestic Abuse and Termination Notices — Section 90B

If a tenant or a domestic associate of the tenant who normally or regularly resides at the premises has been subjected to domestic abuse, and the ground for termination was caused by an act of the person who subjected them to the abuse, the tenant can apply to SACAT for an order declaring the termination notice invalid (Section 90B(1)). This application must be made within 30 days of the termination notice.

This provision protects tenants from being penalised for a breach or prescribed ground that was caused by a perpetrator of domestic abuse. For landlords, it means that if the reason you are terminating — for example, property damage or threats — was caused by a person who has been perpetrating domestic abuse against the tenant, the tenant may successfully challenge your notice.

Section 84 — Tribunal Must Approve Certain Terminations

There are circumstances where you cannot simply issue a termination notice — you need SACAT’s authorisation first. Under Section 84, if the premises have been inspected by an authorised officer under the Housing Improvement Act 2016 within the preceding 6 months, or are subject to a housing improvement order, demolition order, or rent control notice, you can only terminate on certain grounds (breach, possession under Section 81, or other grounds prescribed for this purpose) and only if SACAT authorises the notice.

This prevents landlords from using termination as a way to avoid addressing housing standards issues or to retaliate against tenants who have reported problems with the property.

Compensation for Termination — Section 84A

Under Section 84A (introduced by the 2023 Amendment Act), if a landlord reasonably incurs costs or expenses of a kind determined by the Commissioner in connection with terminating a tenancy in prescribed circumstances — including where the tenant has breached the agreement or engaged in drug-related conduct — the landlord is entitled to compensation. SACAT can order the tenant to pay that compensation on application.

Accepting Rent After Issuing a Termination Notice

A common concern for landlords: does accepting rent after issuing a termination notice waive the notice? No. Section 117 is explicit — a demand for, any proceeding for the recovery of, or acceptance of, rent by a landlord after giving a termination notice does not operate as a waiver of that notice.

This means you can continue accepting rent while a termination notice is running without invalidating the notice. This is particularly relevant during the 60-day or 90-day notice periods where the tenant remains in possession and continues to owe rent.

If the tenancy ends and money or damage is disputed, our SA rental bond guide guide explains the money and evidence side. If the dispute began with a fixed-term agreement, our SA break lease guide guide is the other page most landlords usually need.

Common Mistakes Landlords Make

Using the Wrong Form

SA has six different termination forms, and the form you use must match the ground and tenancy type. Using Form 7 (periodic, possession required) when you should be using Form 9 (fixed term, end of term) — or vice versa — invalidates the notice. Check the table above before issuing any notice.

Issuing a Breach Notice Too Early

For non-payment of rent, the rent must have been unpaid for at least 14 full days before the notice can be issued. Issuing the notice even one day too early renders it ineffectual under Section 80(2)(a). Count the days carefully from the day after rent was due.

Failing to Provide Evidence

For any possession-based ground (demolition, renovation, family occupation, sale, or sales agency agreement), your notice must be accompanied by the specific written evidence approved by the Commissioner. The evidence requirements are different for each ground. Without the evidence, your notice is procedurally deficient and the tenant can challenge it at SACAT.

Missing the One-Month SACAT Deadline

If the tenant doesn’t leave after the termination date and you don’t apply to SACAT within one month, your notice is automatically ineffectual under Section 92A. You must start the entire process from scratch. This is one of the most commonly missed deadlines in SA tenancy law.

Providing False Evidence

Falsely stating the ground of termination in a Section 81 notice carries a maximum penalty of $50,000 with an expiation fee of $2,000 (Section 81(3)). Don’t claim you’re renovating when you intend to re-let at a higher rent, and don’t claim a family member is moving in when they have no such intention — stating a false ground is a serious offence.

Re-Letting Within Six Months

After terminating on a possession-based ground, you cannot re-let the premises for use primarily as a residence within 6 months unless SACAT gives consent. For periodic tenancies, this is Section 81(4) with a maximum penalty of $35,000 and an expiation fee of $2,000. For fixed-term tenancies, it is Section 91A with a maximum penalty of $25,000 and an expiation fee of $1,200.

Locking the Tenant Out

Self-help eviction carries a maximum penalty of $35,000 (Section 95). This is not a theoretical risk — SACAT and CBS take it seriously. The only lawful way to remove a tenant who won’t leave is through a SACAT possession order enforced by a bailiff.

Frequently Asked Questions About Eviction Notices in SA

Can I evict a tenant with no reason in SA? No. Since 1 July 2024, no-grounds terminations have been abolished in SA. Every termination notice must state a prescribed reason from the Residential Tenancies Act 1995 or the Residential Tenancies Regulations 2025. The specific prescribed grounds are set out in Sections 80, 80A, 81, 83, 83A, and 83B of the Act, and in Regulations 23, 24, and 25.

How much notice do I need to give a tenant in SA? It depends on the ground and the tenancy type. For breach of agreement, the minimum is 7 days to remedy plus 7 days to vacate (or 7 days for rent, then auto-termination). For periodic tenancies where possession is required (demolition, renovation, sale, family occupation), 60 days using Form 7. For periodic tenancies on other prescribed grounds, 90 days using Form 8. For fixed-term non-renewal at the end of the term, 60 days using Form 9. Drug contamination and destruction of premises allow immediate termination.

What forms do I need to use? SA uses six different landlord termination forms: Form 5 (breach), Form 6 (drug contamination), Form 7 (periodic, possession required), Form 8 (periodic, prescribed ground), Form 9 (fixed-term non-renewal), and Form 10 (agreement frustrated). Using the wrong form invalidates the notice. All forms are available from sa.gov.au/tenancy/privaterentalforms.

What evidence do I need to provide with a termination notice? Evidence is required for possession-based grounds: demolition (development approval or demolition contract), renovation (photos, written statement, and tradesperson quote or planning approval), family occupation (witnessed Statutory Declaration), sale (signed contract of sale), and sales agency (signed agency agreement). The full evidence requirements are published by the Commissioner for Consumer Affairs. For a detailed breakdown, see the CBS Evidence requirements for termination fact sheet.

What happens if my tenant doesn’t leave after the termination date? You apply to SACAT for an order for possession under Section 93. You must do this within one month of the termination date — if you wait longer, your notice becomes ineffectual under Section 92A and you must start again. SACAT can make a possession order that takes effect within 7 days, or suspend it for up to 90 days if the tenant would suffer severe hardship. The order is enforced by a bailiff.

Can I change the locks if a tenant won’t leave? No. Under no circumstances can you enter premises for the purpose of taking possession unless the tenant has abandoned, holds a notice to vacate, or you have a SACAT order. Self-help eviction is an offence under Section 95 carrying a maximum penalty of $35,000. The only lawful way to remove a tenant is through a SACAT possession order enforced by a bailiff.

What is the re-letting restriction? After terminating on a possession-based ground (demolition, renovation, family occupation, sale, or sales agency), you cannot re-let the premises for use primarily as a residence within 6 months of the date the notice was given. Breaching this restriction is an offence — the maximum penalty is $35,000 for periodic tenancies (Section 81(4)) or $25,000 for fixed-term tenancies (Section 91A). SACAT can grant consent to re-let earlier if circumstances justify it.

Can a tenant challenge my termination notice? Yes. A tenant can apply to SACAT to challenge a notice on several grounds: that the notice is procedurally deficient (wrong form, insufficient notice period, missing evidence), that the ground is not genuine, that the notice is retaliatory (Section 90A), or that the ground was caused by domestic abuse against the tenant (Section 90B). For breach notices, the tenant can apply to SACAT for reinstatement even after a valid termination.

Does accepting rent after issuing a termination notice cancel the notice? No. Section 117 explicitly provides that accepting rent after giving a termination notice does not operate as a waiver of the notice. You can continue collecting rent during the notice period without invalidating the termination.

Can I terminate a fixed-term tenancy early? Only for breach of agreement under Section 80 (Form 5) or drug contamination under Section 80A (Form 6). For all other grounds, a fixed-term tenancy can only be terminated at the end of the fixed term with at least 60 days’ notice (Form 9) on a prescribed ground under Regulation 25. You can also apply directly to SACAT for termination in cases of serious breach, serious damage, hardship, or domestic abuse.

What if the tenant pays the rent arrears after I issue a breach notice? If the tenant pays the outstanding rent within the 7-day remedy period specified in the Form 5 notice, the breach is cured and the tenancy continues. The notice has no further effect. However, if the tenant repeatedly falls behind on rent, you can apply to SACAT under Section 87(1a) for termination if you have issued at least 2 previous breach notices for non-payment of rent in the preceding 12 months.

Summary

Ending a tenancy in SA is a structured, multi-step process governed by the Residential Tenancies Act 1995 and the Residential Tenancies Regulations 2025. Since the 2024 reforms abolished no-grounds terminations, every termination requires a genuine prescribed reason, the correct prescribed form, the correct notice period, and in many cases specific written evidence approved by the Commissioner for Consumer Affairs.

The penalties for non-compliance are significant: up to $50,000 for falsely stating the ground of termination, $35,000 for self-help eviction or re-letting within 6 months after a periodic possession-based termination, and $25,000 for re-letting within 6 months after a fixed-term possession-based termination. The one-month SACAT deadline under Section 92A adds an additional trap — miss it, and your termination notice is automatically voided.

For self-managing landlords, this is one of the highest-risk areas of tenancy management. A single error — wrong form, wrong notice period, missing evidence, missed deadline — can delay the process by months and cost you thousands in lost rent and Tribunal fees.

Related guides for SA landlords

If you are building out the full landlord workflow for this state, these guides connect this page to the rest of the tenancy process.

Same-state guides

• SA lease agreement guide
• SA rental bond guide
• SA rent increase guide
• SA break lease guide

Compare eviction and notice guides in other states

• WA eviction notice guide
• NSW eviction notice guide
• QLD eviction notice guide
• VIC notice to vacate guide
• Tasmania eviction notice guide
• ACT eviction notice guide