A landlord can only demand payment of 2 weeks rent in advance and a bond [ss 53 and 54]. Significant penalties, being a fine of $20,000 (or expiation fees of $1,200 to $1,500), may apply for any breach of these provisions. The total amount of the payment in advance can add up to a substantial sum, although help may be obtained from Housing SA, see Financial assistance.
A landlord can legally request payment from a prospective tenant for an option to enter into a residential tenancy agreement. If the prospective tenant goes ahead with the residential tenancy agreement, the landlord must then apply the money received against rent payable under the agreement. If the prospective tenant does not enter into the residential tenancy agreement, the landlord may keep the money received [s 53(2)(a)].
The landlord may also require a tenant to reimburse the landlord for water rates (if separately metered) as well as electricity, gas, telephone, internet and/or subscription television services if these accounts are in the landlord's name [s 53(2)(b) and(c) and reg 7]. With the exception of separately metered water supply charges, a landlord cannot pass on any statutory charges connected with a property (e.g. sewerage, Emergency Services Levy) [s 73]. If the tenant notifies the landlord of excessive water usage charged caused by a fault with the premises, the landlord is liable for part of the excessive charges [s 73B]. Section 73 sets out how permissible rates and charges are to be divided in the absence of agreement. It also stipulated that a tenant is not required to pay rates and charges if the landlord fails to provide a copy of the invoice for them with in 30 days of the issue of the invoice from the supplier [s 73(3)]. From 1 July 2024, a landlord and tenant may enter into an agreement in relation to the costs and charges for the installation of a solar energy system for the premises [s 73A].
If a landlord (or an agent acting for a landlord) invites or requires a tenant or prospective tenant to sign a written residential tenancy agreement, the landlord must bear the costs of its preparation [s 50].
For more information about rent, including increases to rental payments, please also refer to Rights and Obligations, Rent.