South Australian Current Acts South Australian Current Acts4—Presumption of periodicity in case of short fixed terms
(1) If a
residential tenancy agreement is entered into for a short fixed term, the
agreement is taken to be an agreement for a periodic tenancy with a period
equivalent to the length of the fixed term unless the landlord establishes
that—
(a) the
tenant genuinely wanted a tenancy ending at the end of the short fixed term
and the term was fixed at the tenant's request; or
(b)
before the residential tenancy agreement was entered into—
(i)
the landlord gave the tenant a notice containing a
warning in the form required by regulation; and
(ii)
the tenant signed a statement in the form required by
regulation acknowledging that the tenant did not expect to continue in
possession of the premises after the end of the term stated in the agreement.
(2) A "short fixed
term" is a term of 90 days or less.