South Australian Current Acts

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RESIDENTIAL TENANCIES ACT 1995 - SECT 105W

105W—Abandoned property

        (1)         If property is left on the premises by a resident after the resident vacates the resident's room—

            (a)         the proprietor may, at any time after recovering possession of the room, remove from the premises and destroy or dispose of property consisting of perishable goods; and

            (b)         in the case of any other property (other than personal documents), the proprietor—

                  (i)         must, as soon as practicable, make reasonable attempts to notify the resident that the property has been found on the premises; and

                  (ii)         must take reasonable steps to keep the property safe for the prescribed period after possession of the room is recovered; and

                  (iii)         may destroy or dispose of the property after taking steps to keep it safe for the period referred to in subparagraph (ii).

        (2)         If personal documents are left on the premises by a resident after the resident vacates the resident's room, the proprietor—

            (a)         must, as soon as practicable, make reasonable attempts to notify the resident that the documents have been found on the premises; and

            (b)         must take reasonable steps to keep the documents safe for the prescribed period after possession of the room is recovered; and

            (c)         may destroy or dispose of the documents if they are not reclaimed by the resident within the period referred to in paragraph (b).

        (3)         For the purposes of this section, a person who is entitled to possession of the property may reclaim it by paying to the proprietor the reasonable costs incurred by the proprietor as a result of the property being left on the premises.

        (4)         A proprietor may not deal with property left on premises by a resident after termination of a rooming house agreement otherwise than in accordance with this section.

Maximum penalty: $25 000.

        (5)         Nothing in this section affects any obligation a proprietor may have in relation to property left on the premises under another Act or law.



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