A fixed term tenancy exists where the parties agree on a single, specific length of tenancy - usually for 6 months or one year, although it can be for any period as long as the period is fixed.
If the term is for 90 days or less, it would be taken to be a periodic tenancy unless the landlord can show that the tenant genuinely wanted and requested that the tenancy end at the end of the short fixed term, or the landlord gave the tenant a written warning and the tenant signed a statement in the form required by the regulations [Residential Tenancies Act 1995 (SA) s 4 and Residential Tenancies (Miscellaneous) Regulations 2010 (SA) reg 5 and sch 1 (Form 1)].
If a tenant wants to leave premises before the end of a fixed term it is always worth discussing this with the landlord as it may end by agreement between the parties.
Under the Residential Tenancies Act 1995 (SA) a tenant generally cannot give notice to end a fixed term agreement early, except where:
Notice by either party of an intention not to continue with a tenancy at the end of a fixed term can be provided under section 83A (for landlords) or section 86A (for tenants).
From 1 July 2024, a landlord must have a prescribed reason to terminate at the end of a fixed term. A landlord can no longer terminate simply because the fixed term has expired.
If a fixed term agreement has not terminated before or at the end of the fixed term, the agreement continues as a periodic tenancy agreement. The tenancy period will be determined by the interval between rental payment times under the agreement (e.g. fortnightly, monthly). A periodic tenancy is for an indefinite recurring period without a fixed term. Many periodic tenancies are verbal agreements, however, a periodic tenancy can be written, and standard form agreements are available online on the SA Gov Website.
For more information about ending a tenancy (as a tenant or landlord, and for various types of tenancies), please refer to Terminating a tenancy agreement .
