Your rental property is your home. Your landlord owns it — but that doesn't mean they can walk in whenever they like. The law in South Australia sets clear rules about when a landlord can enter, how much notice they must give, and what you can do when those rules aren't followed.
- Your landlord must give you at least 7 days written notice before conducting a routine inspection.
- For repairs and maintenance, 48 hours notice is required unless it's an emergency.
- In a genuine emergency — fire, flood, gas leak, structural danger — your landlord can enter without notice.
- You have the right to be present during any entry.
- If your landlord enters without notice and it's not an emergency, that is a breach of the Act — and you can do something about it.
Your home, your rules on entry — know where you stand.
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What the law actually says
Under the Residential Tenancies Act 1995 (SA), a landlord or property manager can only enter a rental property in specific, defined circumstances — and each one carries a notice requirement.
| Reason for entry | Notice required | Timing |
|---|---|---|
| Routine inspection | At least 7 days written notice | Reasonable hours (generally 8am–8pm) |
| Repairs or maintenance | At least 48 hours notice | At a time reasonably convenient to you |
| Showing to prospective tenants or buyers | Reasonable notice (typically 48 hours) | Reasonable hours, by agreement where possible |
| Genuine emergency (fire, flood, gas leak, structural risk) | No notice required | Any time |
Entry must always be at a reasonable time. If your landlord or agent knocks unannounced on a Sunday evening for a non-emergency reason — that's not lawful.
Your right to be present
When notice is given, you have the right to be present during the entry. If the scheduled time doesn't work for you, you can contact your landlord or property manager to negotiate an alternative time. They're not required to accept every request, but they should work with you to find a reasonable time, particularly for inspections.
You cannot be excluded from your own home during a lawful entry, and your landlord cannot conduct inspections in a way that is intended to harass or intimidate you.
How often can a landlord inspect?
The Residential Tenancies Act does not set a hard cap on the number of routine inspections per year, but an unreasonable frequency — multiple inspections within weeks of each other for no clear reason — can amount to harassment. What's considered reasonable depends on the circumstances, but most landlords conduct inspections quarterly or at the start and end of a tenancy.
If you feel inspections are excessive or being used to pressure you, document them and seek advice.
Notice must be in writing — an unannounced call or text asking to drop by doesn't meet the legal requirement. Email from a property manager is generally accepted as written notice. A verbal request is not.
When is entry without notice allowed?
There is one genuine exception: a real emergency. If a landlord believes there is an immediate risk of injury or serious property damage — a burst pipe, a fire, a gas smell, or a structural issue posing danger — they can enter without notice.
What's not a genuine emergency:
- · Wanting to check on something they noticed last visit
- · Dropping off documents or items without arranging a time
- · Showing the property to a prospective tenant without notice
- · Suspecting something is wrong based on a neighbour's complaint
If your landlord claims emergency entry and you believe it wasn't genuine, that's worth documenting and raising formally.
What you can do if they enter without proper notice
Document what happened
Write down the date, time, who entered, what they said, and how long they stayed. If there are neighbours who witnessed it, note that too. A written record created close to the time is your strongest asset.
Write to your landlord or property manager
Put your concern in writing. State clearly what happened, that it constitutes a breach of the Residential Tenancies Act, and that you expect it not to happen again. Keep the tone factual, not confrontational — this is a record of a legal position, not an argument.
Contact Consumer and Business Services (CBS)
If the written communication doesn't resolve it, contact CBS — the SA government agency that oversees residential tenancy matters. They can provide guidance, facilitate mediation, and escalate where appropriate. Phone: 131 882.
Apply to SACAT
If the behaviour continues or the landlord refuses to engage, you can apply to the South Australian Civil and Administrative Tribunal (SACAT) for an order requiring the landlord to comply with the Act. The application fee is small, and SACAT is designed to handle these matters without requiring a lawyer.
Contact the Tenants Information & Advocacy Service (TIAS) — they offer free advice for SA tenants and can help you understand whether your case is strong before you file. Phone: 1800 060 462.
What if you feel unsafe or harassed?
Repeated unannounced entries, intimidating behaviour, or entries designed to pressure you into leaving — these go beyond a technical breach of the notice rules. If you feel your safety or wellbeing is at risk, don't wait for SACAT. Contact CBS immediately, and if you're concerned for your physical safety, contact SA Police.
Tenants have a right to quiet enjoyment of their home. That's not a courtesy — it's a legal protection.
Can you refuse entry?
If proper notice hasn't been given and there's no genuine emergency, you are entitled to refuse entry. You should do this calmly and in writing where possible — for example, a text message saying "I haven't received the required notice for this inspection. I'm not able to allow entry today." Keep a copy.
Refusing entry in a genuine emergency, or repeatedly refusing lawful entry, is a separate issue — so make sure the refusal is grounded in a clear breach by the landlord, not general disagreement with inspections.
The bottom line: Your landlord has legal rights of access to the property — but those rights come with clear conditions. Written notice, reasonable timing, and specific reasons are not optional. If the rules aren't being followed, the Act is on your side and the process to enforce it is accessible.
Your home is yours to live in. That's what the law is designed to protect.
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