Landlords, real estate agents and proprietors of hotels and motels have rights and responsibilities as providers of housing, as set out in the Residential Tenancies Act 1995 (SA).
Landlords, people acting on behalf of landlords and real estate agents may choose their preferred tenant. However, it is against the law for you to:
- refuse to sell or rent out property
- process an application differently from other applications for the same property
- change the terms upon which accommodation is offered such as imposing higher bonds
- deny or limit access to a benefit or facility that is available to other tenants
- refuse to extend or renew accommodation
- evict tenants
because of a person's:
- association with a child
- caring responsibilities
- gender identity
- marital or domestic partnership status
- intersex status
- sexual orientation
- spouse or partner's identity.
It is also against the law for a landlord or real estate agent to sexually harass a tenant or prospective tenant, and vice versa.
There are situations where equal opportunity laws do not apply. For example:
- Private households - for example, when a person is deciding who they want to live with under the same roof.
- Accommodation provided by charities or to cater for the welfare of a particular race, age, sex, marital status (for example, an aged care facility, respite for single mothers, accommodation for homeless men etc).
- Accommodation provided by an educational authority that caters specifically for students of a particular sex, age, race or students with disabilities.