Right of entry
Landlords must notify the tenant before entering the rental property. This includes entry to any gardens, sheds or yards that are part of the lease agreement.
In some cases written notice to enter the premises must be given before the landlord can enter.
Most entries must take place during ‘normal hours’ – between 8.00 am and 8.00 pm on any day except a Sunday or public holiday.
If the tenant wants to be present during the entry, the landlord must make reasonable attempts to schedule a time that is convenient for the tenant after taking into account the commitments of both the tenant and anyone entering.
This does not apply where the entry is made in an emergency, to check if a breach is remedied, or to check if a property is abandoned.
When a landlord can enter
- in an emergency like a fire, with no notice is required
- to collect rent once a week at a time arranged with the tenant, but only if another method of paying rent was offered to the tenant and they chose to have their rent collected.
Entry must be within normal hours, unless arranged up to 7 days before
- 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 in normal hours to enter
- to carry out repairs or maintenance after giving at least 48 hours’ notice to enter within normal hours, or the landlord can enter before 48 hours at the tenant's request
- to carry out garden maintenance 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 to enter within normal hours. The landlord can enter without giving the required notice at the tenant's request
- to show the property to prospective tenants during the last 28 days of a tenancy, and on a reasonable number of occasions, after giving reasonable notice to enter in normal hours. At the tenant's request, the landlord can enter before 28 days
- to show the property to prospective buyers no more than twice in a seven day period (unless agreed otherwise) and at a time previously arranged with the tenant's agreement.
Or, if no agreement, at a time within normal hours after giving the tenant reasonable notice
- to check if the tenant has remedied a breach after a breach notice has been served. Between 7 and 14 days written notice must be given to enter within normal hours
- to check if the premises have been abandoned - the landlord must have good reason to believe the tenant has vacated the property
- for some other genuine purpose after giving between 7 and 14 days written notice to enter within normal hours, or with the tenant’s consent.
A landlord can enter:
If the tenant doesn't allow the landlord to enter
If a tenant denies the landlord entry after they've received proper notice they may be in breach of the agreement.
The landlord can apply to the South Australian Civil and Administrative Tribunal to enter the property.