South Australian Consolidated Acts South Australian Consolidated Acts53—Permissible consideration for residential tenancy
(1) A person must not
require or receive from a tenant or prospective tenant a payment, other than
rent or security (or both), for a residential tenancy or the renewal or
extension of a residential tenancy.
Maximum penalty: $500.
(2) However—
(a) the
landlord may lawfully require or receive consideration for an option to enter
into a residential tenancy agreement but, in that case, the following
condition applies:
(i)
if the prospective tenant enters into the
residential tenancy agreement, the landlord must apply the consideration
towards rent payable under the agreement;
(ii)
if the prospective tenant does not exercise the option to
enter into the residential tenancy agreement, the landlord may retain the
consideration; and
(b) the
landlord may require the tenant to reimburse the landlord for rates and
charges for water supply that are to be borne by the tenant under the
residential tenancy agreement or a collateral agreement; and
(c) the
landlord may lawfully require or receive a payment of a class the landlord is
authorised to require or receive by another provision of this Act or under the
regulations.