Under the Residential Tenancies Act 1995 (SA), a tenant generally cannot terminate the suspension of a fixed-term contract unless the lessor violates the agreement [see 85]. However, if such notification is not valid, if it is misserved or if the lessor terminates the infringement, the contract cannot be terminated. The lessor may respond to any communication under section 85 by submitting to the Tribunal (SACAT) an application for reinstatement of the lease. If no agreement can be reached and one party files the form, the Commissioner will send the other party a communication that will give that person 10 days to contest the application. Below is a summary of the measures made available to a lessor when a tenant has breached the rental agreement. These apply to both fixed and periodic leases. This contains a note of the condition of the premises at the beginning of the lease and the written agreement or objections of the tenant. Rental disputes in which a party is resident between states (e.g. B where a lessor owns investment property in another State) cannot be tried in a court and must be tried by a court. Section 38B of the South Australian Civil and Administrative Tribunal Act 2013 (SA) provides for jurisdiction (referred to as the “Federal Diversity Jurisdiction”) in the Magistrates Court of South Australia to rule and rule on disputes in which a party is established at the intergovernmental level.
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