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A resident’s right to live in a retirement village can only be ended in specific situations.
Grounds for ending a residence contract
An operator can end a resident’s right to live in a retirement village in certain situations. A resident’s right of occupation may be terminated if:
- the resident dies
- the resident ends the residence contract or leaves the village with no reasonable prospect of returning
- the resident breaches the residence contract or village rules
- the resident behaves in a way that affects the health and safety of other residents or staff
- the resident seriously disturbs the peace and comfort of other residents
- the resident’s mental or physical health makes the residence unsuitable for them
- a mortgage or charge that existed before the Retirement Villages Act 1987 came into effect gives the holder the right to vacant possession
- other circumstances make it inappropriate for the resident to continue living in the village
- the Supreme Court ends the residence contract under section 58 of the Act.
Resident ends the residence contract during the settling-in period
Residents can end their right to live in a retirement village during the settling-in period. The residence contract cannot limit this right.
The settling-in period starts on the day the resident signs their residence contract or enters occupation of the residence (whichever is later) and ends 90 calendar days later, unless a longer period is specified in the residence contract. If a resident ends their contract during this time, an operator can only charge them:
- fair market rent for the time they lived in the village, minus any payments already made for services (such as recurrent charges)
- remarketing and refurbishment fees, if the residence was damaged or degraded during their stay
- reinstatement costs, if they made approved changes to the residence but did not return it to its original condition as required by the contract.
These costs may be deducted from the resident’s exit entitlement. Find information on paying exit entitlements.
The residence contract must not include any penalties for ending the agreement during the settling-in period.
Operator ends a residence contract
An operator can decide to end a resident’s right to live in a retirement village if the resident:
- behaves in a way that affects the health or safety of other residents or staff
- seriously disturbs the peace or comfort of other residents
- breaches the residence contract or village rules
- can no longer safely live in the residence due to physical or mental health needs
- is affected by other circumstances that make it inappropriate for them to stay in the residence.
This decision must be confirmed by the South Australian Civil and Administrative Tribunal.
Applying to end a resident right of occupation
Follow these steps to end a resident right of to occupy a residence.
Contact the Retirement Village Unit
Email: retirementvillages@sa.gov.au
Related information
On this site
- Apply to end a resident right of occupation
- Codes of conduct for operators and staff
- Codes of conduct for residents
- Residence rules
- Retirement village safety
- Resolving a dispute in a retirement village
