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Question Details: Our lease was for 2 years, but the landlords asked us to stay longer. We never signed a new tenancy agreement though and the landlords have changed their mind, just as our 2 year lease is expiring. They are about to kick us out, but we haven't been able to find new accommodation because we thought the lease had been extended. What can we do? Can the landlord lock us out?
Filed under Tenancy | 1421 View(s)
Community Law Wellington & Hutt Valley
The landlord cannot throw you out if you have a valid tenancy agreement. A verbal tenancy agreement (or agreement to extend your tenancy) is still valid, even though it is not in writing. The Residential Tenancies Act 1986 sets out the rules about extending a fixed term tenancy, and you can find further information about those rules on www.tenancy.govt.nz or by calling 0800 TENANCY.
You should continue to pay your rent as normal, and you should write to your landlord that you believe your tenancy has been extended. If your landlord wants to end the tenancy, they can apply to the Tenancy Tribunal for termination of your tenancy. (They can't just lock you out.) The mediation process should sort out your differences, but if you can't agree, the Tenancy Tribunal will decide.
Answered 27 Aug 2013. The IMPORTANT NOTICE below is part of this answer.
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