South Australian Consolidated Acts

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LANDLORD AND TENANT ACT 1936 - SECT 58

58—Rent in advance

        (1)         A person shall not before the tenant becomes entitled to go into occupancy of premises under a commercial tenancy agreement require, as rent under the agreement, an amount exceeding—

            (a)         the amount payable under the agreement for one months occupancy of the premises; or

            (b)         one-twelfth of the amount payable under the agreement for one year's occupancy of the premises,

whichever is the lesser.

Penalty: Division 9 fine.

        (2)         A person shall not require any payment of rent (other than the first payment) under a commercial tenancy agreement earlier than seven days before the commencement of the period of occupancy in respect of which the rent is payable.

Penalty: Division 9 fine.

        (3)         An agreement that imposes obligations as to the time of payment of rent that are inconsistent with this section is, to the extent of the inconsistency, void.



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