South Australian Consolidated Acts

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RESIDENTIAL PARKS ACT 2007 - SECT 4

4—Presumption of periodicity in case of short fixed terms

        (1)         If a residential park 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 park owner establishes that—

            (a)         the resident genuinely wanted an agreement ending at the end of the short fixed term and the term was fixed at the resident's request; or

            (b)         before the residential park agreement was entered into—

                  (i)         the park owner gave the resident a notice containing a warning in the form approved by the Commissioner; and

                  (ii)         the resident signed a statement in the form approved by the Commissioner acknowledging that the resident did not expect to continue in occupation of the rented property after the end of the term stated in the agreement.

        (2)         In this section—

"short fixed term" means a term of 90 days or less.



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