Contractual terms can only be changed with the written agreement of all parties. The agreement has two objectives. First, it allows the landlord and tenant to list the details of the lease, such as the names of the parties, the duration of the contract, the amount of the rent and how the payments are to be made. Example of irretrievable violation by tenant Yeomans v Janoska – Parry (RT10/1337) Tenants were responsible for serious damage to rented property, including a hole in the front door and a room screen that was destroyed and removed during an altercation. In addition, there were heated arguments between tenants who disturbed their neighbours. The male tenant had threatened several of the neighbours, some of them older, with violence against himself or, in one case, a dog. The court found that the lease had been breached under Section 87 (2) and ordered the termination of the contract. The details of a lease can only be changed if these procedures apply only to properties abandoned after the end of a lease. In other cases, persons with unclaimed goods must follow a procedure under the Unclaimed Goods Act 1987 (SA).
All leases are legal contracts, including oral agreements. However, if this is done in writing, the details of the agreement are easier to verify if there is a problem. A written lease agreement must include the following: A lessor may, however, ask the court to terminate a contract if the continuation of the lease would cause undue hardship [Residential Tenancies Act 1995 (SA) s 89]. The court may also make an order that compensates the tenant for losses and inconveniences resulting from or likely to result from the early termination of the lease. If a lessor terminates a contract and does not leave the tenant as requested, the lessor cannot evacuate the tenant, but ask the court for an order on the empty possession of the premises [Residential Tenancies Act 1995 (SA) s 93]. If the court admits the order, it will be enforced as soon as possible by a judicial officer [s 99]. Owners and brokers who list personal data about a person in a lease agreement must, upon written request, provide them with a copy of the information within 14 days of the application [99J]. The same provision applies to a database operator when it receives a written request for a copy.
A fee may be levied, but it should not be excessive. If a fixed-term contract is not terminated before or at the end of the fixed-term contract (i.e. the tenant does not close and the lessor does not require the tenant to be terminated), the contract will be maintained as a periodic tenancy agreement. The duration of the lease depends on the interval between the rental periods under the contract (z.B. 14 days, monthly). Under the Residential Tenancies Act 1995 (SA), a tenant generally cannot terminate a fixed-term contract unless the lessor violates the agreement [s 85].