Disruptive and noisy neighbours

Applications for eviction

Disruptive tenants can be evicted from their rental property. The process can be started by anyone who is adversely affected by the behaviour of a tenant. This action should only be taken as a last resort. You must pay a fee to submit an application and you will be expected to appear before a tribunal if the application is accepted.

Who can apply

An application can be made by anyone who lives in close proximity to the tenant, or is otherwise directly and adversely affected by the disruption. This can include: 

  • the landlord or agent 
  • neighbours 
  • local business owners
  • a strata or community corporation
  • a police officer
  • an authorised officer from Consumer and Business Services.

An application can be made against a disruptive tenant who rents: 

  • private rental housing 
  • public housing 
  • community housing.

Before you start

Applications for eviction are a last resort and a serious undertaking. You should only make an application if:

  • all other avenues of resolution - eg through community mediation services, have failed 
  • you have enough evidence to support your application.

Evidence

You must submit all relevant evidence with your application. The disruptive tenant has the right to see a copy of all the evidence submitted. You can't submit evidence and ask that it isn't given to them. 

Evidence can include: 

  • testimony given at a hearing by other people who have witnessed disruptive incidents 
  • statutory declarations (11.2 KB PDF) or affidavits from people who have witnessed disruptive incidents 
  • specific details of particular incidents - eg a complaint diary  (103.4 KB PDF)
  • written information about the involvement of other agencies - eg letters you received from the Environmental Protection Authority or Housing SA
  • police report numbers and statements.

How to apply

Complete an online application at the South Australian Civil and Administrative Tribunal (SACAT) for termination of a tenancy where the tenant's conduct is unacceptable.


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Page last updated 12 May 2017

Provided by:
Attorney-General's Department
URL:
http://www.sa.gov.au/topics/housing/resolving-problems-and-disputes/disruptive-and-noisy-neighbours/getting-a-disruptive-tenant-evicted
Last Updated:
12/05/17
Printed on:
21/11/17
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 3.0 Australia Licence. © Copyright 2016