Renewing Your Lease
What you need to know about Renewing Your Lease
If you wish to renew your existing lease to stay in the property you have rented after it expires you should get pro-active to extend now; don’t wait until you get notice to move out.
In might be possible that there is some misunderstanding and your Agent/Landlord actually thinks you are not interested in staying; it has happened before. Maybe you have told the Agent/Landlord in the past that you were not sure about staying so when the lease runs out they think you will to. But if you have now decided to stay then you are going to have to get onto them ASAP!
The rules that govern the procedures for giving notice to vacate or renew are set by legislation. They will depend upon whether you originally entered into a lease before or after the 1st March 2014 and whether the lease was for a Fixed Term or Periodic.
There are no differences in the conditions of a Fixed Term or Periodic lease except regarding the conditions for termination.
A Fixed Term lease is normally signed for 6 or 12 months. During that period you can not be evicted unless the conditions of the lease are broken such as by non-payment of rent, damage to the property or something similar. If all conditions are complied with then most likely the Agent/Landlord will offer another Fixed Renewal term.
But the Agent/Landlord could offer only a Periodic lease. If your lease continues as Periodic then that might mean your continued residency has become less permanent or simply that the Agent/Landlord did not want to have to deal with the additional paperwork or cost of a Fixed Term lease.
So if you wish to give notice to renew or otherwise continue your lease then consider the following options;
Original Lease commenced BEFORE 1st March 2014
Fixed term lease:
No specific notice is required to vacate. The lease only goes for the fixed period and then you have to be out on the last day of the lease with the house cleaned up and keys ready to hand over without any prior notification.
If this is not done then the Agent/Landlord could sue you for damages.
In general though what happens is the Agent/Landlord will contact you 30 to 60 days before the lease ends to see if you either want to renew or move out. And if you are moving out then you are required to allow the Agent/Landlord to start showing the property to prospective tenants at least 28 days before the property is vacant.
A tenant is required to give the Agent/Landlord as least 21 days written notice to vacate (or a period equivalent to the normal single rent payment cycle e.g. 1 calendar month whichever is the greater.)
Alternatively the Agent/Landlord is required to give the tenant at least 60 days written notice to vacate where the Landlord or his family are moving in or if the property is to be sold, demolished or substantially renovated. Where no reason is stated the notice period is 90 days.
Original Lease commenced AFTER 1st March 2014
The Residential Tenancies (Miscellaneous) Amendment Act 2013 and the Residential Tenancies Variation Regulations 2014 took effect on 1st March 2014.
Go to www.legislation.sa.gov.au to view the new Act and Regulations with the amendments incorporated therin.
Fixed term lease:
If the Tenant and the Agent/Landlord wish for the Fixed Term Lease to be renewed for another fixed period then another agreement must be signed by all parties at least 28 days before the end of the current lease. This is usually a single page agreement.
If neither the Tenant nor the Agent/Landlord give at least 28 days notice to the other party to end the Fixed Term lease then it will automatically continue as a Periodic lease.
To end a Periodic lease the conditions are the same as previously mentioned.
If you wish to renew your lease we advise you to contact your Property Manager immediately. Ring us on 8186 2777 or use the contact form below to submit your request and someone from our office will be in touch.