evicting

“We have a tenant in our flat who signed a short-term four-week lease. Two weeks in, we’ve realised they’re dishonest and there’s suspicious activity happening. We want them evicted, but can we?” Owner, SA

Has your tenant breached their lease agreement and done any of the following?

  • cause or allow damage,
  • allow the property to be used illegally, or
  • don’t comply with other lawful conditions included in the lease

If so, you can give your tenant a legal notice that identifies this problem and the date the tenant needs to leave your property if the problem is not fixed. For owners in SA, you can do this by issuing a notice to tenant to remedy breach agreement.

If it gets to a point of eviction, and the tenant is unwilling to leave on their own, you can only evict the tenant with an order from the South Australian Civil Administration Tribunal (SACAT), who will organise a bailiff to enforce the order if necessary.

You can apply to SACAT for an eviction if:

  • the tenant is given a notice to remedy the breach of the agreement and they didn’t fix the problem or vacate the property
  • a fixed term tenancy has expired, the correct written notice was given to end the tenancy but the tenant did not move out
  • the tenant has given written notice to end the tenancy but did not move out.

Have a question you would like to see answered here? Let us know!

As the landlord in SA, you can also apply to SACAT to end the lease immediately without giving any other notice if there is a serious breach. This can include:

  • putting the safety of others at risk
  • causing serious damage to the property.

If this doesn’t quite answer your question, or if have further questions specific to tenancy laws in your state, you’ll find contact details for tenancy support and more on this link.

You might also like: 
– I want the house left vacant to sell. Can I ask my tenants to leave?
– Screening questions for past landlords, employers and friends
– Is there a standard timeframe for me to receive rent?