Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

60A: Fixed-term tenancy becomes periodic unless contrary notice given

You could also call this:

"What happens to your rental when a fixed-term tenancy ends"

Illustration for Residential Tenancies Act 1986

When your fixed-term tenancy of more than 90 days ends, it becomes a periodic tenancy with the same terms. You keep the same rules as before, as long as they work with a periodic tenancy. However, this does not happen if you or your landlord do something to stop it. If you or your landlord want to stop the tenancy, you can renew or extend the agreement before it ends. You can also agree not to continue the tenancy before it ends. Within a certain time, either of you can give written notice to stop the tenancy. This time is called the effective period, which starts 90 days before the tenancy ends and finishes 21 days before it ends. You can also stop the tenancy by giving notice as specified in section 50(1)(a) to (ac) before it ends. The effective period is the time when you can give this notice to stop the tenancy.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3280851.

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60AA: Landlord acting to terminate tenancy without grounds, or

"A landlord can get in trouble for trying to end a renter's stay without a good reason."


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60B: Tenant must exercise right to renew or extend tenancy not later than 21 days before expiry, or

"Tell your landlord you want to stay 21 days before the rental ends"

Part 2Tenancy agreements
Termination of tenancies and recovery of possession

60AFixed-term tenancy becomes periodic unless contrary notice given

  1. On the expiry of a fixed-term tenancy of more than 90 days, the tenancy continues as a periodic tenancy with the same terms as the terms contained in the expired tenancy so far as those terms are consistent with a periodic tenancy.

  2. However, the tenancy does not continue as a periodic tenancy if,—

  3. before the expiry, the parties renew or extend the existing tenancy agreement; or
    1. before the expiry, the parties agree not to continue with the tenancy; or
      1. within the effective period, either party gives to the other party written notice of their intention not to continue with the tenancy; or
        1. before the expiry, a party gives notice as specified in any of section 50(1)(a) to (ac) that terminates the tenancy on or before the expiry.
          1. The effective period is the period that starts on the 90th day before the date on which the tenancy expires and ends on the 21st day before that date.

          2. Repealed
          3. Repealed
          4. Repealed
          5. Repealed
          Notes
          • Section 60A: inserted, on , by section 42 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
          • Section 60A(2): replaced, on , by section 41 of the Residential Tenancies Amendment Act 2020 (2020 No 59).
          • Section 60A(2)(c): replaced, on , by section 31(1) of the Residential Tenancies Amendment Act 2024 (2024 No 52).
          • Section 60A(2)(d): replaced, on , by section 31(2) of the Residential Tenancies Amendment Act 2024 (2024 No 52).
          • Section 60A(2A): inserted, on , by section 31(3) of the Residential Tenancies Amendment Act 2024 (2024 No 52).
          • Section 60A(3): repealed, on , by section 31(4) of the Residential Tenancies Amendment Act 2024 (2024 No 52).
          • Section 60A(4): repealed, on , by section 31(4) of the Residential Tenancies Amendment Act 2024 (2024 No 52).
          • Section 60A(5): repealed, on , by section 41 of the Residential Tenancies Amendment Act 2020 (2020 No 59).
          • Section 60A(6): repealed, on , by section 41 of the Residential Tenancies Amendment Act 2020 (2020 No 59).