Ending a residential park agreement

How the park operator or resident ends the residential park agreement will depend on the type of agreement, how long the resident has lived in the park and the rental period.

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Site only agreements

Site agreements are in place when the resident owns the dwelling but rents the site it's located on in the park. The agreement can be fixed term or periodic.

Fixed term

Fixed term agreements are for a specific time and include an end date. The resident can move out at the end of the agreement but must give at least 28 days' notice before the end date stated in the agreement.

A resident can end an agreement if the park operator has breached a condition - this requires 14 days' written notice to remedy the breach or the resident will leave the next day.

Otherwise, written notice - 28 days - must be given if either:

If neither terminates the agreement, it automatically continues with the same terms and conditions, except that the agreement becomes periodic. The agreement must include the date, or approximate date when the resident was first granted the right to occupy the site.

5 years or more as a resident

The requirements are different if the resident has lived in the park for 5 years or more.

The park operator can't ask the resident to move out without a reason, such as a breach of the agreement.

If neither terminates the agreement it is automatically reissued:

with the same terms and conditions
for the same amount of time.

The resident gets a written copy within 28 days, after the current fixed term ends.

The park operator or the resident can vary the terms but must give 90 days’ written notice. The agreement must be reviewed by both the resident and the park operator. A new agreement is issued when both agree on the new terms.

South Australian Civil and Administrative Tribunal (SACAT) can hear the case and make a decision if the park operator and resident can't agree. The fixed term continues until the matter is resolved and the agreement is re-issued.

Periodic

All residents must give at least 21 days’ notice If they want to move out of the park. If the rent period is longer, the notice must be longer - eg rent paid monthly equals a month’s notice.

Resident ends an agreement - notice

If the park operator wants the resident to leave, they must give them at least 90 days’ written notice.

Park operator ends agreement - notice

5 years or more as a resident

Residents who have lived in the park for 5 years of more must be consulted when their agreement is being reviewed. Their periodic agreement needs to be reissued for a fixed term. It must:

be in writing
include a new review date.

A resident can choose to continue with a periodic agreement and must inform the park owner in writing of their decision.

Tenancy agreements

Residents renting a site and a dwelling have a tenancy agreement.

Fixed term

Both the resident and the park operator are required to give at least 28 days’ notice for the resident to move out of the park.

If neither gives notice, the agreement continues under the same terms and conditions.

Periodic

Residents must give at least 21 days’ notice If they want to move out of the park. If the rent period is longer, the notice must be longer - eg rent paid monthly requires a month’s notice.

Resident ends agreement - notice

If the park operator wants the resident to leave, they must give them at least 60 days’ written notice. If the rent period is longer, the notice must also be longer - eg rent paid every 90 days requires 90 days' notice.

Park operator ends agreement - notice.

Moving out

When the resident leaves the park to live somewhere else they need to:

give the rented site back in a reasonable condition
give their forwarding address to the park operator
return any keys or devices provided by the park, such as an access card
take all their belongings with them
arrange for their bond to be refunded.

Request a bond refund

Moving out early

There are steps that need to be taken if the resident or the park owner plans to end the agreement before the end date.

Ending a tenancy early

Belonging and personal items left behind

The park owner must take certain steps before they dispose of property left behind by the resident.

Dwellings

A dwelling - eg a caravan - should be kept safely on the rented site. The park operator must:

Seek an order for vacant possession by SACAT.
Give written notice to the dwelling's owner about where it is stored and how to retrieve it - Valuable abandoned goods - notice
Keep the dwelling safe and in storage for at least 60 days - end date is included in the notice.

The park operator must publish the notice in a newspaper circulated state-wide if the resident or anyone with interest in the property can't be contacted, such as next of kin.

The dwelling's owner will need to pay for reasonable costs to reclaim it. The dwelling can be sold at public auction if it isn't reclaimed by the date in the notice.

Money made from the sale of the dwelling can be used to cover costs such as:

removal, storage and sale of the dwelling
debt owed - eg unpaid rent.

Money left over should be returned to the dwelling's owner or paid to Consumer and Business Services (CBS) to be held in a fund until it's claimed by the resident.

Perishables and items of little value

Food can be disposed of immediately. Blankets, toys or other items of low value can be disposed of or donated immediately if their value is less than the cost to remove, store and sell them.

Personal documents and valuables

Photos, passports or other personal documents should be kept safe for at least 28 days. If they aren't reclaimed they should be destroyed in a secure manner.

Antique furniture or other goods with a value greater than the cost to remove, store and sell them, must be stored for at least 28 days after written notice has been given to the resident.

Valuable abandoned goods - notice

Problems with visitors

Guests who commit a serious act of violence can be excluded from the park. This also includes if the visitor:

puts other people's safety at risk
has caused - or likely to cause - damage to property.

Exclusion from the park - notice (390KB PDF)

This notice states that the resident or their guest must immediately leave the park and can't re-enter until the date on the notice. The operator then can make an urgent application to SACAT during the exclusion period to end the residential park agreement.

Contact the police on 131 444 if a visitor refuses to leave the park - fines are given for refusing to comply with a notice.

If a resident has breached other conditions of the residential park agreement The operator can end the agreement by giving them written notices for breaches to the agreement.

Apply for a restraining order through SACAT, if there's a risk of serious injury or damage occurring. Breaching a restraining order is a criminal offence.