South Australian Current Acts

RESIDENTIAL TENANCIES ACT 1995 - SECT 53

53—Permissible consideration for residential tenancy

        (1)         A person must not require or receive from a tenant or prospective tenant a payment, other than rent or a bond (or both), for a residential tenancy or the renewal or extension of a residential tenancy.

Maximum penalty: $25 000.

Expiation fee: $1 500.

        (2)         However—

            (a)         the landlord may lawfully require or receive consideration for an option to enter into a residential tenancy agreement but, in that case, the following condition applies:

                  (i)         if the prospective tenant enters into the residential tenancy agreement, the landlord must apply the consideration towards rent payable under the agreement;

                  (ii)         if the prospective tenant does not exercise the option to enter into the residential tenancy agreement, the landlord may retain the consideration; and

            (b)         if the consumption of water at the premises is separately metered, the landlord may require the tenant to reimburse the landlord for rates and charges for water consumption that are based on the amount of water used at the premises pursuant to the residential tenancy agreement or a collateral agreement; and

            (c)         the landlord may lawfully require or receive a payment of a class the landlord is authorised to require or receive by another provision of this Act or under the regulations.