Can my landlord bring people through my home to sell it while I am still living there in South Australia?
Yes, your landlord can show your home to potential buyers while you live there in South Australia. However, they must give you reasonable written notice before each viewing. They are legally restricted to showing the property a maximum of two times in any seven-day period.
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How it works in practice
Selling a Rental Property
When your landlord decides to sell the property you are renting in South Australia, your tenancy agreement remains legally binding. The landlord has the right to show the premises to prospective buyers, but they must respect your privacy and right to quiet enjoyment.
Notice Requirements
Before any prospective buyers can walk through your home, the landlord or their real estate agent must provide you with reasonable written notice. While "reasonable" can vary, standard practice dictates at least 48 hours' notice before each specific viewing time. You must also be informed of the landlord's intention to sell before the property is advertised.
Viewing Limitations
To protect your daily life from constant interruptions, South Australian law restricts how often a landlord can hold open inspections or private showings. They are legally permitted to show the rental property a maximum of two times in any seven-day period.
Your Rights During Inspections
You have the absolute right to be present at the property while prospective buyers are walking through. You cannot unreasonably refuse access if the landlord has followed all legal notice requirements, but you can negotiate the times and dates to ensure the showings happen at a mutually convenient hour. The landlord cannot force you to deep clean the property beyond its standard condition just for a viewing.
Important exceptions
If the proposed time for an inspection genuinely interferes with your peaceful enjoyment, such as during a medical emergency or a significant family event, you can refuse the specific time and propose a reasonable alternative.
Additionally, if you are an at-risk tenant or have a restraining order against specific individuals, you can legally request that those people are not allowed entry. If the landlord continuously ignores your requests for reasonable times, you can apply to the South Australian Civil and Administrative Tribunal (SACAT) to enforce your rights or issue an order against unreasonable entry.
What you should do now
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Read your formal notice to ensure the landlord has stated their intention to sell the property.
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Check that you have received reasonable written notice before any specific showing or open house.
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Negotiate inspection times with your landlord or real estate agent that fit your schedule.
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Keep a written record of all dates and times the property is shown to ensure they do not exceed two viewings per week.
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Contact the South Australian Civil and Administrative Tribunal (SACAT) if the landlord breaches entry rules or harasses you.
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