Can a lease be signed electronically?

Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. §7001) and UETA in adopted states when intent, consent, attribution, and retention requirements are met.

Is notarization required for a typical lease?

Generally no. Most states do not require notarization for residential leases, though special filings or long-term conveyances may require different handling; verify local statutes for exceptions.

How do I amend a signed fixed term lease?

Amendments should be written, signed by all original parties, and dated. Electronic signatures can be used again if the platform captures intent and audit evidence.

Who can sign on behalf of an owner entity?

An authorized agent or officer with documented authority may sign. Use clear company name, signer title, and evidence of authorization to ensure enforceability.

How long must I retain executed leases?

Keep executed leases for the full term plus at least three years; follow IRS rules (IRC §6501(a)) and industry-specific retention such as HIPAA six-year rules where applicable.

What if a signer disputes an electronic signature?

Preserve the audit trail, authentication records, and any consent disclosure. ESIGN and UETA principles support enforceability when evidence of intent and attribution exists.

Electronic Signature
Templates
Real estate
Fixed Term Residential Tenancy Agreement

Fixed Term Residential Tenancy Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

Fixed term – residential tenancy agreement

October 2024

Residential Tenancies Act 1995

A residential tenancy agreement is formed when a landlord/agent gives a tenant the right to occupy premises in return for payment. Agreements for boarders, lodgers, rooming house residents and single room tenancies may not be regulated under the Residential Tenancies Act 1995. Parties to this agreement should consider seeking independent legal advice about their status, rights and obligations.

Landlord: (Landlord details must be completed even if an agent is acting for the landlord)

Insert full name/s:

Address for service of documents (must not be agent’s address):

Contact telephone number (only required if no agent is managing the property for the landlord):

Postcode:

Agent:

Insert name of registered agent or person managing the property for the landlord:

Address (for service of documents):

RLA:

Telephone:

Mobile:

Email address for service of notice or document:

Postcode:

Tenant:

Insert full name of tenant 1:

Contact telephone number:

Email address for service of notice or document:

Insert full name of tenant 2:

Contact telephone number:

Email address for service of notice or document:

Insert full name of tenant 3:

Contact telephone number:

Email address for service of notice or document:

Address of premises:

Term of agreement:

Starting on:

Ending on:

Term of (e.g. 6, 12, 18 or 24 months)

Rent:

Payment of rent will be made on:

Weekly amount:

Frequency:

Bond amount:

Page 2 items

Does the property meet minimum housing standards? (See Housing Improvement Act 2016)

Yes No

Is there a rent control notice or order on the property? Yes No

(if yes, provide details in ‘Additional terms of agreement’)

Method of payment of rent:

An electronic option to pay the rent without fees attached must be offered to the tenant.

Domestic appliance requiring instruction:

Manufacturers’ manuals, or written or oral instructions must be given.

Water use and supply:

Unless there is a specific agreement with the tenant, if the water supply is separately metered, the tenant is responsible to pay for all water use and the water supply charge if based on the level of consumption.

Tick one box:

All water use and supply charge All water use only Supply charge only Other

The tenant is not required to pay charges for water unless the landlord provides the invoice (at no cost) within 30 days of it being issued.

Exclusions:

Note the terms of the agreement below, followed by the signature panel on Page 5.

Terms of agreement

1. Application of the Act and Regulations
The Residential Tenancies Act 1995 and related regulations apply to all residential tenancy agreements in South Australia. An agreement or arrangement that is inconsistent with the Act is invalid.

2. Maintenance of premises – landlord
The landlord will hand over the premises in a reasonably clean condition, maintain it in a reasonable state of repair and meet all health and safety legal requirements.

3. Maintenance of premises – tenant
The tenant will keep the premises in a reasonably clean condition and notify the landlord of any damage or repair. The tenant must not intentionally or negligently cause or allow damage to the premises.

4. Use of premises
The tenant will not use or allow the premises to be used for an illegal purpose, or cause or allow a nuisance. The tenant must not cause or allow an interference with the reasonable peace, comfort or privacy of another person who lives in the immediate vicinity of the premises.

5. Handing over possession of the premises without restrictions
At the start of the agreement the landlord will not restrict the tenant from having full use of the premises (except for any part reserved for the landlord’s own use). The landlord is not aware of anything that would prevent the tenant from living in the premises for the term of the tenancy.

6. Tenant's right to peace comfort and privacy
The tenant is entitled to peace, comfort and privacy without interference by the landlord or other tenants of the landlord.

7. Landlord's right of entry
All entry must be made between 8am and 8pm on any day other than a Sunday or public holiday. The landlord may enter the premises as listed in section 72 of the Residential Tenancies Act 1995. Routine inspections are limited to 4 per year, unless otherwise ordered by the South Australian Civil and Administrative Tribunal (SACAT).

8. Locks and security devices
The landlord will provide and maintain locks and other devices so that the premises are reasonably secure. Neither party will alter, remove, or add a lock or security device without the consent of the other, unless the provisions in the Residential Tenancies Act 1995 relating to protected persons and associated circumstances of domestic abuse or personal safety apply. Neither party will unreasonably withhold consent to the alteration, removal or addition of a lock or security device by and at the expense of the other.

9. Alterations and additions
The tenant must not, without the landlord’s written consent, make an alteration or addition to the premises. However, the landlord must not unreasonably withhold consent to an alteration or addition that is necessary to ensure the provision of infrastructure or a service of a prescribed kind, that is minor, or that is necessary for a tenant with a disability or mobility needs that does not significantly affect the structure of the premises. Any associated costs with the alteration or addition is borne by the tenant, and the premises must be returned to its former state at the end of the tenancy.

10. Removal of an alteration or addition
The tenant may remove an item that was added with the landlord’s consent, unless its removal would cause damage. If damage is caused by removing an item, the tenant must notify the landlord and, at the option of the landlord, repair the damage or compensate the landlord for the reasonable cost to repair the damage.

11. Subletting or assignment
The tenant has the right, with the landlord’s written consent, to sublet or assign their interest of the premises to another. The landlord cannot unreasonably withhold consent but can charge reasonable expenses incurred because of the assignment or subletting of premises.

12. Termination at end of fixed term
A landlord must give the tenant at least 60 days’ notice with a prescribed reason for termination to end a fixed agreement at the expiry of the term. See Regulation 16 in the Residential Tenancies Regulations 2010 (regulations) for the list of prescribed reasons. A tenant must give at least 28 days’ notice to the landlord to end a fixed agreement at the expiry of the term (unless other specific circumstances for termination listed below, apply). The agreement continues as a periodic tenancy if no notice is given.

13. Termination by landlord or tenant for breach of agreement
If a breach can be remedied, the landlord or tenant can issue a notice for the breach. The notice must be in a written form required by regulation, must detail the breach and that if the breach is not remedied within the specified period the tenancy will end.

14. Termination for rent arrears
If the tenant fails to pay rent, rent must be at least 14 days behind before the landlord can issue a notice of termination for the breach. The notice must be in a written form required by regulation.

15. Termination by landlord – drug contamination
The landlord can terminate a tenancy by giving notice in the written form required by regulation if they are aware that the tenant/another person has engaged in drug related conduct on the premises/ancillary property, and testing indicates the contamination has resulted from that drug related conduct.

16. Terminations by application to SACAT
Either the landlord or the tenant can apply to SACAT to terminate a tenancy because the continuation of the tenancy would cause undue hardship. There may be other reasons to apply to SACAT for the termination of a tenancy, such as serious breaches, damage, unacceptable conduct, injury, domestic abuse, illegal conduct, nuisances or a failure to pay rent. SACAT may also declare a termination invalid if satisfied a notice of termination by the landlord was a retaliatory termination.

17. Termination by tenant – immediately
The tenant can give notice of immediate termination if, other than as a result of a breach of an agreement, the premises or a substantial portion of the premises have been: destroyed or rendered uninhabitable; ceased to be lawfully unusable for residential purposes; or have been acquired by compulsory process.

18. Termination by tenant by giving 7 days’ notice for the following reasons
(using required written form in the regulations): If the landlord breaches a provision of the residential tenancy agreement and has, on 2 previous occasions within the last 12 months, breached the same provision; If the premises do not comply with the minimum housing standards under the Housing Improvement Act 2016; If the premises are destroyed or unsafe; If the tenant requires aged, palliative or special care (as defined in the regulations); If the tenant has been offered and accepted accommodation by the South Australian Housing Trust or a registered community housing provider; If the tenant requires temporary crisis accommodation (as defined in the regulations); If the tenant/domestic associate of the tenant requires protection and are in a circumstance of domestic abuse as prescribed by the regulations (with the required evidence).

19. Termination before end of fixed term
If the tenant moves out before the end of this agreement without the approval of the landlord they may need to pay for the costs associated with finding a new tenant, reletting the premises and loss of rent. If a tenant wishes to give up possession of the premises prior to the end of the fixed term, once they are given a termination notice by the landlord, they can give 7 days’ written notice to the landlord to move out and not be liable to pay rent after the end of the 7 days.

20. Insurance
If parties want to insure the property; the landlord would be responsible to insure their dwelling, fixtures and fittings. The tenant would be responsible to insure their personal belongings and furnishings.

Additional terms of agreement

Insert any other terms of the agreement – a term must not contradict the tenancies legislation:

The landlord must give the tenant a copy of this agreement after it is signed.

Any variation to this agreement must be in writing and dated and signed by the landlord and tenant.

The landlord must keep a copy of this agreement and any variation – in paper or electronic form – for at least 2 years after the agreement ends.

Signature of landlord/s or agent:

Date:

Signature of tenant/s:

Make sure you read all terms of this agreement before signing

Date:

*I/we have received a printed copy of the Tenant Information Guide which outlines my rights and obligations

Yes No

For general tenancy information contact Consumer and Business Services on 131 882, or visit sa.gov.au/renting

What a Fixed Term Residential Tenancy Agreement Is

A Fixed Term Residential Tenancy Agreement is a written contract that sets landlord and tenant rights and obligations for a defined rental period. It specifies the lease start and end dates, rent amount and schedule, security deposit terms, permitted uses, maintenance responsibilities, and conditions for renewal or early termination. These agreements create enforceable obligations when signed by the parties and are commonly used for monthly, semester, or multi-month leases. Accurate, complete agreements reduce disputes and clarify remedies for breach, possession, and property care during the fixed term.

Key Purposes and Practical Benefits

A well-drafted Fixed Term Residential Tenancy Agreement protects both parties by documenting rent, term, deposits, and repair responsibilities; it mitigates misunderstandings and supports enforcement in court if needed.

Who Typically Prepares and Signs This Agreement

Parties involved vary by role but commonly include professional managers and individual landlords as well as individual tenants and guarantors.

Landlords and property managers — Use the agreement to set rent, deposits, rules, and termination terms for tenants in single-family or multi-unit properties.
Tenants and guarantors — Sign to accept rent obligations, property rules, and move-in condition terms; guarantors back tenant performance.
Real estate attorneys and agents — Draft or review clauses for compliance with state landlord-tenant statutes and local habitability rules.

Understanding each party’s responsibilities helps decide who must complete, sign, and retain the executed agreement.

Representative Signer Profiles

Landlord

Individual owners or professional property managers who list property, collect rent, and enforce lease terms. They must provide accurate owner contact information, specify rent and deposit amounts, and comply with state security deposit and habitability laws.

Tenant

A person or household who signs to occupy the rental unit and who is responsible for rent payments, routine upkeep, and following property rules. Tenants should provide full legal name, current address, emergency contact, and any guarantor details required.

Essential Sections Every Fixed Term Residential Tenancy Agreement Should Include

A comprehensive fixed term lease groups vital elements into clear sections so parties understand timing, money, and remedies without ambiguity.

Parties

Full legal names for landlord, tenant, and any guarantor plus business entity details if applicable; list mailing and service addresses for notices.

Term

Precise start and end dates, whether the term is renewable, and conditions for conversion to a month-to-month tenancy after expiry.

Rent

Amount, due date, accepted payment methods, late fee formula, returned check policy, and rent proration rules for partial periods.

Security Deposit

Deposit amount, permitted uses, interest requirements where applicable, and the timeline and method for return after lease termination.

Maintenance

Landlord and tenant repair responsibilities, emergency procedures, alterations rules, and inspection rights, including notice requirements for entry.

Termination

Early termination rights, notice periods, holdover tenancy consequences, indemnities, and dispute resolution or governing law provisions.

Step-by-Step: Completing a Fixed Term Tenancy Agreement

Follow these steps to prepare, review, and execute a binding fixed term tenancy agreement with clarity and legal compliance.

01

Prepare Template: Populate standard clauses and local disclosures.
02

Enter Party Data: Complete names, addresses, and contact details.
03

Confirm Financials: Specify rent, deposit, and payment instructions.
04

Execute Signatures: Obtain dated signatures from all required parties.

How Electronic Execution Typically Works

Electronic signing follows a predictable workflow that preserves intent, attribution, and an audit trail for enforceability under federal and state law.

Upload Document: Load the lease in PDF or DOCX format.
Place Fields: Drop signature, date, and initial fields.
Assign Signers: Add signer emails and role order.
Complete Signing: Signers authenticate and apply signatures.

Typical Digital Workflow Settings

Set these configuration options to match your execution and compliance needs before sending the lease for signature.

Field	Configuration
Document Template	Use standardized lease template for consistency
Signature Order	Set landlord or manager to sign first when required
Authentication	Choose email link, SMS code, or KBA as needed
Notifications	Enable reminders and completion alerts

File Types, Integrations, and Platform Needs

Ensure your signing platform supports required file formats and integrates with storage or property management systems.

File Formats: PDF, DOCX, and HTML supported
Integrations: Salesforce, NetSuite, Google Workspace supported
Authentication: Email, SMS, or advanced KBA options

Common Deadlines and Timing Expectations

Key dates in a fixed term lease govern payments, notices, and return of deposits; track these to avoid penalties and disputes.

Lease Start Date:

Date tenancy begins and occupancy rules take effect

Rent Due Date:

Recurring monthly due date for rent payments

Security Deposit Return:

State-specific deadline after move-out for deposit accounting

Renewal Notice Deadline:

Advance notice required for renewal or termination

Early Termination Notice:

Required notice to exercise an early termination clause

Common Mistakes to Avoid

Leaving key terms blank or ambiguous increases litigation risk and weakens remedies for nonpayment or damage.
Using informal initials instead of signatures can create disputes about party intent and execution validity.
Failing to state a clear security deposit accounting procedure leads to contested deductions and statutory penalty exposure.
Not aligning lease clauses with local habitability or ordinance requirements can render provisions unenforceable.

Risks and Consequences of Errors

Invalid Signatures: May void enforcement

Missing Terms: Creates ambiguity in disputes

Improper Notices: Can delay eviction or termination

Statutory Violations: May trigger fines or penalties

Incorrect Parties: Could prevent legal service

Poor Recordkeeping: Complicates future claims

Real-World Examples of Digital Lease Workflows

These brief examples illustrate how organizations and small landlords use online signing and templates to manage fixed term tenancies.

Tim Martin, Martin Properties

We moved leases online to avoid in-person signings and speed execution.

High-volume remote signing reduced turnaround time.
The result was consistent document control, secure storage, and the ability to complete tenant onboarding remotely while maintaining clear audit trails for compliance.

Brian Fitzgibbons, Optica Ventures LLC

Standardized templates cut review time for each unit onboarding.

Templates ensured consistent clause placement.
This approach simplified property manager training, reduced errors in filling fields, and made it easier to produce redacted copies for prospective tenants and regulators.

eSignature Pricing and Feature Comparison

Compare common vendor starting prices and selected features relevant to tenancy agreement execution and compliance; signNow is listed first per vendor ordering requirements.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Common Questions and Practical Answers

Answers to frequent questions about signing, notarization, amendment, retention, and enforceability for fixed term residential tenancy agreements.

Need help? Contact support

Can a lease be signed electronically?
Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. §7001) and UETA in adopted states when intent, consent, attribution, and retention requirements are met.
Is notarization required for a typical lease?
Generally no. Most states do not require notarization for residential leases, though special filings or long-term conveyances may require different handling; verify local statutes for exceptions.
How do I amend a signed fixed term lease?
Amendments should be written, signed by all original parties, and dated. Electronic signatures can be used again if the platform captures intent and audit evidence.
Who can sign on behalf of an owner entity?
An authorized agent or officer with documented authority may sign. Use clear company name, signer title, and evidence of authorization to ensure enforceability.
How long must I retain executed leases?
Keep executed leases for the full term plus at least three years; follow IRS rules (IRC §6501(a)) and industry-specific retention such as HIPAA six-year rules where applicable.
What if a signer disputes an electronic signature?
Preserve the audit trail, authentication records, and any consent disclosure. ESIGN and UETA principles support enforceability when evidence of intent and attribution exists.

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