It is a common clause that catches out many private landlords, “at the end of the tenancy, all carpets shall be professionally cleaned by the tenants”.

However, not many Landlords are aware that they risk a fine of up to $10,000 for putting such clauses into their Tenancy Agreement. Under section 115 of the Residential Tenancies Act 1995 (SA), a person who enters into an agreement or arrangement to defeat, evade or prevent the operation of the Act (directly or indirectly) is guilty of an offence.

In South Australia, it is a condition of the Act that the tenant returns the property back in a “reasonable condition and in a reasonable state of cleanliness" (Section 69).

The clause is deemed to be not enforceable as the issue surrounds whether the carpets are left in a reasonable condition, not whether they’ve been professionally cleaned.

Make sure you have a detailed in-going inspection report completed before the tenant moves into the property, including dozens of photographs as supporting evidence.

If you are looking at putting a tenant in your rental property or if you would like to have your property professionally managed to prevent any future issues, please reach out to let us know. Give us a call on (08) 8281 1000, email us at pm.mail@fnsalisbury.com.au or fill out the contact form on our website.

For more information: https://www.sa.gov.au/__data/assets/pdf_file/0018/20871/Lease_agreement_terms_inconsistent_with_the_Residential_Tenancies_Act_1995.pdf

Disclaimer: The advice on this website is general in nature and does not take into account your personal situation. We recommend seeking independent professional advice tailored to your personal situation.