Whether a lease is periodic or temporary, the rent cannot be increased in the first 12 months of the lease. Only tenants and persons registered as occupiers may reside in the premises. The landlord must be informed and approved of any changes to the list of authorized tenants. Children born or adopted while the tenant resides in the premises are automatically included in the rental agreement as tenants. In addition, any jurisdiction may limit the number of tenants or occupants in the premises if this number is contrary to the health or safety standards applicable to the dwellings. Health and safety standards are generally expressed in 1 person per square metre X. The standard varies from jurisdiction to jurisdiction, so if you are concerned, contact your local housing/health agency. The relationship between the principal tenant (who enters into the initial lease with the lessor) and the subtenant (who enters into a tenancy agreement with the principal tenant) is much the same as that of the landlord and tenant. The subtenant pays the principal tenant rent for the right to an exclusive occupancy of a part or all the premises for which the principal tenant has obtained a similar right from the lessor.
A sublease must be at least one day shorter than the principal tenant`s own life, otherwise it is considered an assignment of the tenancy agreement. When an agreement is written, the following conditions must be noted in accordance with point 49 (1) (vi) of the law: If a landlord has broken a tenancy agreement and the lessor can correct the violation, the tenant can send a notification to the landlord (with Form 4). If the infringement is not corrected within a specified period of time (at least seven days), the lease is automatically terminated at the end of at least seven additional days [Residential Tenancies Act 1995 (SA) s 85]. If you violate the term of the lease, you are responsible for correcting it. If you are the tenant, this may mean that you are paying money to solve any problems caused by you or your guests. If you do not pay voluntarily to correct the infringement, you may be prosecuted for damages caused by the offence and/or possibly evicted by the owner. Where a lessor has committed a serious breach of the tenancy agreement, a tenant may apply to terminate the contract [s 88]. The provision in Section 88 is also appropriate where the offence is an offence that cannot be corrected. If there is no agreement and one party files the form, the commissioner of the other party will notify with the deadline for filing the application within ten days. Example of an irretrievable offence by lessor Yeend v Rainsford (R0533/97) The Tenant requested the termination of the lease because the lessor had not advised a limitation of the use of their unit`s backyard because of a neighbour`s right of access to the backyard.