Mould in Rental Property: Tenant Rights in South Australia
Living with mould in your rental is not just unpleasant — it may violate your landlord’s legal obligations under South Australian law. Here’s what you need to know about your rights.
Your Legal Protection
The SA Residential Tenancies Act 1995 requires landlords to maintain rental properties in a “reasonable state of repair” (Section 67). Mould caused by structural issues — rising damp, leaks, inadequate ventilation — is the landlord’s responsibility to fix.
Tenant vs Landlord Responsibilities
Landlord must fix: Structural moisture issues (rising damp, leaking roofs/pipes, inadequate ventilation), mould in common areas, mould present at lease commencement.
Tenant responsible for: Lifestyle-caused condensation (not using exhaust fans, drying clothes indoors), keeping the property reasonably ventilated, reporting issues promptly.
Steps to Take
- Document the mould with photos and dates
- Report to landlord/agent in writing (keep copies)
- Allow reasonable time for response (14 days for non-urgent)
- If unresolved, contact SA Consumer & Business Services
- Apply to SACAT if landlord refuses to act
Full tenant rights guide. Whether you’re a tenant or landlord, professional inspection provides the objective evidence needed to determine responsibility. Get connected with specialists.
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