Can You Break a Lease Because of Mould in South Australia?

Your rental has severe mould, your landlord won’t fix it, and you’re worried about your family’s health. Can you break your lease without penalty?

The Short Answer Yes — but only through the proper legal process. You cannot simply walk away from a lease because of mould. You need to apply to SACAT (South Australian Civil and Administrative Tribunal) for an order terminating the lease.

The Legal Process Report the mould in writing to your landlord (keep evidence) Allow reasonable time for repair (typically 14 days) If landlord fails to act, contact SA Consumer & Business Services for advice Get a professional mould inspection report documenting the issue Apply to SACAT for a hearing SACAT may order repairs, rent reduction, or lease termination What Strengthens Your Case Medical evidence linking symptoms to mould exposure. Professional air quality testing showing elevated spore levels. Written evidence of landlord being notified. Photos documenting mould over time. Evidence that the cause is structural (rising damp, leaks) not lifestyle.

Complete tenant rights guide. Get professional evidence to support your case.

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