A tenant who breaks a fixed-term lease in South Australia owes rent until the home is re-let, capped at one month’s rent when less than 24 months remain, plus a share of advertising and re-letting costs. The landlord must try to re-let straight away. Some tenants can leave without paying break costs, and a landlord can end a fixed term early only for breach or by order of SACAT.
This guide is one of the satellites of our landlord guide to property management in South Australia. Every figure was checked against the Residential Tenancies Act 1995 and the CBS pages linked, as at October 2026.
General information about South Australian law as at October 2026, not legal advice. Each figure links to the official page it came from.
What does a tenant owe for breaking a lease?
A tenant who leaves a fixed-term lease early can be asked for three things: rent until the home is re-let, a share of the advertising costs, and a share of the re-letting fee (CBS: ending a fixed-term lease early). Since the 2024 reforms, the rent part is capped (Act s 75A):
| Lease remaining when the tenant leaves | Most rent the tenant can owe |
|---|---|
| Less than 24 months | 1 month’s rent |
| 24 months or more | 1 month’s rent for each whole year remaining, up to 6 months |
The cap limits rent only. It does not stop a landlord claiming other compensation, such as damage beyond fair wear and tear. Any of it can come out of the bond if both sides agree, or through the CBS bond dispute process if they do not.
How are re-letting and advertising costs shared?
Pro rata, on a formula SACAT uses: the cost, multiplied by the weeks left on the lease when the home is re-let, divided by three-quarters of the whole term (CBS). CBS’s worked example uses a re-letting fee of up to two weeks’ rent plus GST. On our own example, a $600-a-week home on a 52-week lease, re-let with 12 weeks left: a re-letting fee of $1,320 × 12 ÷ 39 = $406.15 for the tenant. Advertising is shared the same way, counted only from the date the tenant moves out. Back-to-back leases are added together to work out the term.
What does the landlord have to do?
Try to re-let the home as soon as possible. The Act puts a duty of mitigation on the landlord (s 78), and CBS is clear that a landlord who does not try to re-let cannot claim the fee. In practice that means advertising the home properly, showing it to applicants, and reviewing the rent if it is not leasing, because a home advertised above the market only runs up the tenant’s bill and may not be recoverable. As property managers, we re-list a broken lease straight away and keep the outgoing tenant updated, which keeps the cost down for both sides.
When can a tenant leave early without paying break costs?
The Act lets a tenant end a fixed-term lease early, on the notice shown, in these situations (CBS fact sheet, February 2026):
- Domestic abuse, with the prescribed evidence (Form 15): immediately.
- The landlord breaches the lease and does not fix it within 7 days (Form 11), or breaches the same term repeatedly (Form 12).
- The home was up for sale and the tenant was not told before signing (Form 13): notice within 2 months of the tenancy starting.
- On 7 days’ notice (Form 14) if the home does not meet the minimum housing standards or is unsafe, or the tenant is moving into SA Housing Trust or community housing, aged or palliative care, or crisis accommodation.
- The home is destroyed, uninhabitable or compulsorily acquired: the agreement is frustrated.
- Undue hardship: either side can ask SACAT to end the lease.
Can a landlord break a fixed-term lease?
Not because circumstances have changed. A landlord can end a fixed term early only for the tenant’s breach, after 7 days’ notice to fix it (rent unpaid for at least 14 days, or another breach); if the home is destroyed or made uninhabitable; with at least 60 days’ notice if it is compulsorily acquired; or by order of SACAT for a serious breach, unacceptable conduct or hardship (CBS). A landlord who wants to sell or move in has to wait for the fixed term to end and give 60 days’ notice on a prescribed ground. How notice works once a lease rolls over is in our guide to periodic leases in South Australia.
What if we cannot agree?
Disputes about break costs go to SACAT, which applies the same formula. The bond stays with CBS until it is settled, and the steps are in our guide to rental bonds in South Australia. If you would rather have a broken lease handled for you, our property managers in Adelaide do it every week.
Common questions
How much does it cost to break a lease in South Australia?
Rent until the home is re-let, capped at one month’s rent if less than 24 months of the lease remain, plus a pro-rata share of advertising and re-letting costs.
Does the landlord have to re-let the property?
Yes. The landlord must try to re-let as soon as possible, and cannot claim re-letting costs without trying.
Can I break a lease without paying in SA?
In some cases, including domestic abuse, a landlord’s breach, an undisclosed sale, a home that fails the minimum housing standards, or a move into social housing, aged or crisis care.
Can a landlord break a fixed-term lease in SA?
Only for the tenant’s breach, if the home is destroyed, uninhabitable or compulsorily acquired, or by order of SACAT.