Under section 105U of the Residential Tenancies Act 1995 (SA) termination can occur when:
- the resident abandons* the room;
- rent is outstanding for more than two rental periods or two weeks (whichever is the lesser) and written notice has been provided to the resident given at least two clear days to pay;
- the resident or their visitor causes serious damage, or creates a danger to a person or to property, or seriously disrupts the peace, privacy or quiet enjoyment of another resident;
- a resident breaches the agreement and the proprietor gives them seven days written notice to vacate.
* A resident will be taken to have abandoned a room if:
- the Tribunal makes a declaration under section 105V; or
- the rent payable under the agreement has remained unpaid for at least seven days, and
the proprietor has made reasonable efforts to contact the resident without success, or
has been advised by the resident that the room is abandoned.
In the case of a periodic agreement, a proprietor may terminate for no reason with four weeks written notice.
In the case of a periodic agreement, a resident may terminate for no reason with one days notice.
If a resident abandons a room in a fixed term rooming house agreement of 6 months or more, they may be liable for costs caused by the abandonment , however the proprietor mst take reasonable steps to mitigate any loss [see ss 105V (3)-(4)].
Termination based on abuse of a rooming house resident
Where an intervention order is in force against a rooming house resident an application may be made to the South Australian Civil and Administrative Tribunal (SACAT) for an order to either terminate or replace the existing rooming house agreement [s 105UA(1)]. The Tribunal must be satisfied that the intervention order is for the protection of the applicant or a domestic associate of the applicant who normally resides in the rooming house.
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