South Australian Consolidated Acts

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RESIDENTIAL TENANCIES ACT 1995 - SECT 69

69—Tenant's responsibility for cleanliness and damage

        (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

            (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: $2 000.

The liability to be prosecuted for an offence is in addition to civil liability for a breach of the agreement.

        (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.

        (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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