South Australian Current Acts

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RESIDENTIAL TENANCIES ACT 1995 - SECT 69

69—Tenant's responsibility for cleanliness, damage and loss

        (1)         It is a term of a residential tenancy agreement that the tenant

            (a)         must keep the premises and ancillary property in a reasonable state of cleanliness; and

            (ab)         must replace, or compensate the landlord for the reasonable cost of replacing, any ancillary property lost or destroyed while in the care of the tenant; and

            (b)         must notify the landlord of damage to the premises or ancillary property; and

            (c)         must not intentionally or negligently cause or permit damage to the premises or ancillary property.

        (2)         A tenant who intentionally causes serious damage to the premises or ancillary property is guilty of an offence.

Maximum penalty: $25 000.

        (3)         It is a term of a residential tenancy agreement that, at the end of the tenancy, the tenant must give the premises and ancillary property back to the landlord in reasonable condition and in a reasonable state of cleanliness.

        (3a)         If a tenant unintentionally causes damage to the premises or ancillary property as a result of the use of a domestic facility requiring instruction, the landlord is not entitled to compensation for the damage unless—

            (a)         the domestic facility is listed in the residential tenancy agreement as a domestic facility requiring instruction; and

            (b)         the landlord complied with section 48(2) in relation to the domestic facility.

        (4)         In deciding whether premises or other property is in reasonable condition, its condition when the tenant took possession of it, and the probable effect of reasonable wear and tear since that time, must be taken into account.



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