Cancellation Policy
Cancellation and termination terms by state. South Australia follows residential tenancy law; other states follow the EzyFlats Short-Stay Accommodation Agreement.
South Australia
Residential Tenancies Act 1995 (SA)Summary only — not legal advice. This page provides a simplified summary of the Residential Tenancies Act 1995 (SA) for general guidance. For your specific situation, consult the official legislation or seek independent legal advice.
Overview
Fixed-term residential tenancy agreements in South Australia are governed by the Residential Tenancies Act 1995 (SA) and Residential Tenancies Regulations 2025. From 1 July 2024, landlords may only terminate a fixed-term tenancy at the end of the term for prescribed reasons set out in the Regulations.
Pre-Commencement Termination
By Tenant
Cancelling before move-in constitutes a breach of contract. Landlords may claim compensation for lost rent (until a replacement tenant is secured) and reasonable reletting costs, provided they actively mitigate losses by seeking a new tenant promptly.
By Landlord
Landlords cannot cancel unless the tenant fails material pre-conditions or both parties mutually agree in writing.
During Fixed Term
Mutual Agreement
Parties may terminate at any time by written agreement, negotiating the termination date and any compensation.
Tenant-Initiated Termination
Tenants cannot unilaterally terminate a fixed-term agreement except via:
- SACAT Application — for severe hardship, landlord breach, or uninhabitable conditions
- Domestic Violence Provisions — allowing immediate termination with supporting evidence
- Substandard Premises — 7 days' notice if the premises don't meet minimum housing standards under the Housing Improvement Act 2016, or are destroyed or unsafe
- Landlord Breach — issue Form 11 notice giving landlord at least 7 days to remedy, then tenancy terminates after a further 7 days if not remedied
Landlord-Initiated Termination
Under section 83A, landlords may only terminate at the end of a fixed term for prescribed reasons (Regulation 25). At least 60 days' notice using Form 9 is required. Prescribed reasons include:
- Tenant received 2 breach notices under s80 and committed a third similar breach
- Tenant failed to pay the security deposit
- Tenant kept a pet without authorisation
- Property abandonment
- Serious or repeated breaches (damage, nuisance)
Non-Payment of Rent
After 14 or more days in arrears, landlords may issue a Form 5 notice giving at least 7 days to remedy. If rent remains unpaid, they may apply to SACAT for termination, possession, and arrears recovery.
Dispute Resolution
The South Australian Civil and Administrative Tribunal (SACAT) handles all tenancy disputes in South Australia. If a landlord terminates an agreement and the tenant does not leave, the landlord must apply to SACAT for an order of vacant possession.
For disputes or questions about your rights, we recommend seeking independent legal advice or contacting SACAT directly.
Need help with cancellation?
If you have questions about cancellation or termination, our Australian-based team is here to assist you.