A residential tenancy agreement is an agreement under which a person grants another person a legal right to occupy premises for the purpose of residence. It can be written, verbal or implied.
A tenant is 'the person who is granted a right of occupancy under a residential tenancy agreement' [see Residential Tenancies Act 1995 (SA) s 3].
A lease is a document that sets out the terms of the agreement, that is, the names of the parties, the premises to be rented, the rent, when and where the rent is to be paid, how long the agreement is to last and any other conditions. A leasehold interest is the interest or rights a person enjoys under a lease.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.