Under the Residential Tenancies Act 1995 (SA), what protection does a tenant have against a termination given in retaliation?
Correct Answer
D) SACAT can void a notice given in retaliation for the tenant exercising their rights
Under s 90A of the Residential Tenancies Act 1995 (SA), SACAT can declare a landlord's termination notice of no effect, or refuse to terminate the tenancy, if it is satisfied the landlord was wholly or partly motivated by the tenant applying to SACAT, enforcing a right under the agreement or the law, or having a SACAT order in force. SACAT may also order the landlord to pay up to $5,000 into the Residential Tenancies Fund.
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