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Question Details: My landlord gave me a notice saying I had to vacate the property. He told me it wasn't an eviction, but he just wanted the property back. Can he do this or does he need a better reason to ask me to leave?
Filed under Tenancy | 1465 View(s)
Community Law Wellington & Hutt Valley
Your landlord may be able to ask you to leave the property for no reason, but this depends on the type of tenancy agreement you have.
If you have a periodic tenancy (which is a tenancy agreement that does not have a fixed end date) your landlord only has to have a reason for asking you to leave if they give you less than 90 days to vacate the property. The reasons the landlord may rely on to ask you to leave with less than 90 days' notice are discussed in the Community Law Manual at the following link www.communitylaw.org.nz.
If you have a fixed-term tenancy (which is a tenancy that has a fixed end date) your landlord cannot ask you to leave before your tenancy end date. Your landlord may only end a fixed term tenancy early with your agreement or with an order from the Tenancy Tribunal, which will only be granted in exceptional circumstances. The Community Law Manual (see the link above) contains a more detailed discussion of the circumstances in which the Tribunal might may terminate a fixed term tenancy.
For more information you can call 0800 TENANCY.
Answered 27 Aug 2013. The IMPORTANT NOTICE below is part of this answer.
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