South Australian Consolidated Acts

LANDLORD AND TENANT ACT 1936 - SECT 57

57—Limitation on amounts payable with respect to entering into, extending or renewing a commercial tenancy agreement

        (1)         Subject to this Act, a landlord shall not require or receive from a tenant or prospective tenant any monetary consideration for or in relation to entering into, extending or renewing a commercial tenancy agreement other than rent, any amount payable on account of operating expenses and a security bond.

Penalty: Division 9 fine.

        (2)         Subsection (1) does not apply to—

            (a)         an amount received as consideration for the landlord carrying out, in accordance with an agreement with the tenant, work on the premises before the tenant goes into occupancy of the premises; or

            (b)         an amount required or received as consideration for a right or option to enter into a commercial tenancy agreement if, upon a commercial tenancy agreement being entered into, the amount is refunded or applied towards the rent payable under that agreement; or

            (c)         an amount that is payable to a legal practitioner, land broker or licensed agent for attendances on the tenant or for the preparation of documents that are relevant to the tenancy; or

            (d)         any payment of a prescribed class.