Starting a tenancy

Both tenants and landlords have legal responsibilities. This applies whether the landlord manages a rental property themselves or employs an agent to manage it for them.

Anyone employed by a land agent who manages residential properties must complete specific training and be registered.

Choosing a suitable tenant

Discrimination

A landlord has the right to choose a suitable tenant but it's against the law to make this decision based on personal characteristics.

Read what these characteristics include and exceptions to the law on the Office of the Commissioner for Equal Opportunity website.

Rental application form

Prospective tenants can be asked to complete a rental application form, which usually requests information about their:

  • identity
  • contact details
  • likely occupants, such as a partner and children
  • income
  • previous rental details and reason for moving
  • length of time they plan to rent.

A personal or professional reference can help the landlord decide if someone doesn’t have a rental history.

Rental history

Questions a prospective landlord could ask a prospective tenant or previous landlord about rental history are:

  • Was the rent paid on time?
  • Was the property kept clean?
  • Was there any damage to the property?
  • Were there problems with noise or disputes with neighbours?
  • Would the previous landlord rent to the tenant again?

Consumer and Business Services does not provide a rental application form.

Landlord's legal responsibilities

By law, the landlord must give the tenant this information at the start of the tenancy:

The landlord must also:

Insurance

The landlord arranges insurance for the property. Some insurance companies offer packages specifically for landlords.

The tenant arranges contents insurance for their personal belongings. Tenants should check exactly what their insurance covers.

If a tenant causes damage to the property the landlord doesn’t have to make an insurance claim for the repair.

Contact CBS Tenancies

Email: ocbatenancyadvice@sa.gov.au

Phone: 131 882

Post:
GPO Box 965
Adelaide SA 5001


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Page last updated 17 October 2022

Provided by:
Attorney-General's Department
URL:
https://www.sa.gov.au/topics/housing/renting-and-letting/renting-privately/Start-of-tenancy/Starting-a-tenancy
Last Updated:
17/10/22
Printed on:
01/12/22
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 4.0 Licence. © Copyright 2022
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