Selling a private rental property

COVID-19 update

Real estate auctions and open house inspections can proceed, but with certain conditions - SA COVID-19 website.

Before you enter a lease agreement, the landlord must inform a prospective tenant if:

  • they have advertised, or intend to advertise the rented property for sale
  • there is an existing sales agency agreement.

Selling a property during a lease agreement

The landlord must advise the tenant - in writing - within 14 days of entering into an agency agreement to sell the property. It can’t be advertised or shown to prospective buyers before the 14 days have passed.

If a contract of sale is signed, the landlord must advise the tenant in writing of the buyer’s name, and the date they must begin paying rent to the new owner. Written notice must be given at least 14 days before the settlement date, or as soon as possible if settlement is shorter than 14 days.

Open inspections

Prospective buyers can be shown the property no more than twice every seven days, unless the tenant agrees to more often.

Dates and times for showing the property should be agreed on in advance. If an agreement can't be reached, the landlord would need to give reasonable notice and give a time between 8.00 am and 8.00 pm on any day other than a Sunday or public holiday.

What is reasonable depends on the circumstances of everyone affected by the sale.

Consider the rights of the tenant when opening for inspection

For sale signs

A for sale sign can be put up at the property unless the tenant can demonstrate that it would interfere with their peace, comfort or privacy.

Photographs

The landlord can take photographs or video footage to advertise a property but the tenant can refuse to have their personal possessions photographed or videoed.

Tenant ends the lease

The tenant can end the lease agreement if they weren’t notified of the intention to sell and a contract of sale is signed within two months of the lease starting.

If written notice that the property is sold is given, the tenant has the right to end the lease. But it must be within two months of that notice. If written notice is not given, the tenant has the right to end the lease at any time.

In all these instances, the tenant must advise the landlord in writing using the Notice to terminate the tenancy (form 4A) (209.2 KB PDF).

Landlord ends the lease

How and when the landlord can ask a tenant to leave, will depend on the lease agreement signed at the start of the tenancy.

Fixed-term lease

The tenant can legally remain at the property until the end date of the lease agreement. The landlord could try to negotiate if they would like the tenant to move out before this date. But the tenant can’t be forced to leave.

Periodic lease

If a condition in the contract of sale states that vacant possession is given to the new owners, the landlord needs to give at least 60 days' written notice to end a periodic lease agreement (269.9 KB PDF).

If a contract of sale has not been signed, the landlord needs to give at least 90 days' written notice to end a periodic lease agreement (269.9 KB PDF). A reason isn’t required.

Contact CBS

Online: Contact CBS

Phone: 131 882

Post:
GPO Box 1719
Adelaide SA 5001


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Page last updated 23 August 2021

Provided by:
Attorney-General's Department
URL:
https://www.sa.gov.au/topics/housing/renting-and-letting/renting-privately/rental-property
Last Updated:
23/08/21
Printed on:
18/09/21
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 4.0 Licence. © Copyright 2021
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