Rights and obligations of landlords and tenants

In Aotearoa New Zealand, the Residential Tenancy Act sets out tenants' and landlords' rights and obligations. When renting it is important to understand both your rights and the obligations you have towards your landlord. Following are some of the important ones you should know about.

Rights and obligations of landlords

A landlord must:
  • Sign a tenancy agreement with their tenant and give a copy to the tenant before the tenancy begins
  • Make sure the property is clean and in a fit and habitable condition. We would encourage tenants to take photos of the property before they move in as proof of the condition of the property
  • Maintain the property in a reasonable state of repair throughout the tenancy
  • Make sure that locks and fastenings are adequate
  • Provide a receipt if the rent is paid by cash or cheque
  • Give the tenant at least 60 days written notice of a rent increase
  • Give the tenant 48 hours written notice of a property inspection - maximum of one inspection per month
  • Give the tenant 90 days notice to end the tenancy or 42 days if the property is put on the market for sale, or if the landlord or family wish to move into the property. All notices must be in writing.
A landlord cannot:
  • Ask for more than 2 weeks rent in advance
  • Ask for more than 4 weeks bond
  • Change the locks without the tenant's consent
  • Enter the property without the tenant's consent, other than the arranged inspections
  • Interfere with the gas, electricity, water supply, or telephone
  • Take a tenant's personal property to hold or sell if the tenant is behind with the rent.

Rights and obligations of tenants

A tenant must:
  • Pay the rent on time
  • Keep the property reasonably clean and tidy
  • Tell the landlord as soon as possible of any damage or repairs needed
  • Make sure that the limit set in the tenancy agreement on the number of people allowed to stay in the property is adhered to
  • Leave at the end of the tenancy, remove all goods and rubbish, leave the property reasonably clean and tidy
  • Repair or pay for repairs to any damage caused intentionally or carelessly by the tenant or the tenant's guests
  • Give 3 weeks notice in writing to end the tenancy.
A tenant must not:
  • Unreasonably refuse the landlord entry when they are entitled to enter
  • Intentionally or carelessly damage the property or permit anyone else to do so
  • Interefere with the quiet enjoyment of other tenants or neighbours
  • Change the locks without the landlord's permission.