Landlords right of entry
Landlords have limited rights as to when they can enter a tenanted property. This includes any gardens, sheds or yards included in the lease agreement.
In some cases written notice to enter the premises must be given in writing before the landlord can enter. Landlords found to be breaching these conditions may be fined.
After giving the proper notice, a landlord can enter a property between 8.00 am and 8.00 pm on any day except a Sunday or public holiday.
Reasons landlords can enter a tenanted property
- in an emergency eg fire in the property - no notice is required
- to collect rent once a week, at a set time arranged with the tenant. This is only if another way of paying rent has been offered to the tenant and not accepted.
- to inspect the property, not more than once every 4 weeks, after giving between 7 and 14 days written notice and specifying a two hour time frame that the entry will take place.
- repairs or maintenance to be performed after giving at least 48 hours notice. The landlord can enter before 48 hours at the tenant's request.
- garden maintenance is required at a time previously arranged with the tenant no more than 7 days before the entry, or after giving between 7 and 14 days written notice. The landlord can enter without giving the required notice at the tenant's request.
- to show the property to prospective tenants within the last 28 days of a tenancy, and on a reasonable number of occasions after giving reasonable notice. The landlord can enter before 28 days at the tenant's request.
- to show the property to prospective buyers on not more than two occasions in any seven day period, at a time previously arranged with the tenant, or after giving reasonable notice.
- if the tenant has remedied a breach and only after the landlord has served a breach notice on the tenant. Between 7 and 14 days written notice must be given.
- if the premises has been abandoned and the landlord has good reason to believe that the tenant has vacated the property.
If the tenant doesn't allow the landlord to enter
If the tenant doesn’t allow the landlord entry after they have given the proper notice, it is a breach of the lease agreement and the landlord can make an application to the South Australian Civil and Administrative Tribunal (SACAT) to enter the property.