South Australia Subletting Agreement

South Australia Subletting Agreement: A Comprehensive Guide

Subletting has become a popular trend in Australia, especially in the urban areas where rental prices are high. Subletting is the act of renting a property to someone else for a specific period of time while you remain the primary tenant and continue to pay rent to the landlord. In South Australia, subletting is legal and regulated by the Residential Tenancies Act 1995. However, to avoid legal disputes and complications, it is important to have a subletting agreement that outlines the terms and conditions of the subletting arrangement.

What is a subletting agreement?

A subletting agreement is a legal document that outlines the terms and conditions of subletting a property. It is an agreement between the primary tenant (the sublessor) and the subtenant (the sublessee) that specifies the rental amount, the length of the subletting period, and other relevant terms and conditions.

Why is a subletting agreement necessary?

A subletting agreement is necessary to protect both the sublessor and the sublessee. It outlines the rights and responsibilities of both parties and ensures that everyone is on the same page. Some of the reasons why a subletting agreement is necessary include:

1. Legal protection: A subletting agreement is a legally binding document that protects both parties from legal disputes and complications. It ensures that all parties understand their rights and responsibilities.

2. Clear communication: A subletting agreement ensures that there is clear communication between the sublessor and the sublessee, especially when it comes to important details such as rent, security deposit, and maintenance responsibilities.

3. Avoids misunderstandings: A subletting agreement prevents misunderstandings and ensures that everyone knows what is expected of them. It provides a clear framework for the subletting arrangement.

Important clauses in a subletting agreement

1. Rental amount: The rental amount is one of the most important clauses in a subletting agreement. It specifies how much the sublessee will pay in rent and when it is due.

2. Subletting period: The subletting period is another important clause in the agreement. It specifies the length of time that the sublessee will occupy the property.

3. Security deposit: The security deposit is a sum of money that the sublessee pays as collateral in case of damages to the property. The subletting agreement should specify the amount of the security deposit and when it will be returned.

4. Maintenance responsibilities: The subletting agreement should outline the maintenance responsibilities of both parties. This includes who is responsible for repairs and maintenance of the property, who pays for utilities, and who should be contacted in case of emergencies.

5. Eviction clause: The subletting agreement should have an eviction clause that outlines the circumstances under which the sublessee can be evicted.


Subletting can be a great way to earn extra income or save money on rent. However, to ensure a smooth and legal agreement, it is important to have a subletting agreement that outlines the terms and conditions of the subletting arrangement. The subletting agreement should be comprehensive and include important clauses such as rental amount, subletting period, security deposit, maintenance responsibilities, and eviction clause. As a sublessor, it is important to work with a trusted legal professional to draft a subletting agreement that will protect your interests and those of the sublessee.