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Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

62E: Responsibility of tenant unaffected

You could also call this:

“Tenants must still remove their belongings when they move out, even if the landlord can dispose of some items.”

The law says that even if there are rules about how to deal with things left behind after a tenancy ends, you still have responsibilities as a tenant. These responsibilities come from your tenancy agreement, the law, and common rules that everyone follows.

When your tenancy ends, you need to take all your belongings with you. This is true even if there are special rules about abandoned property. The law doesn’t let you off the hook for taking your stuff when you move out.

Your tenancy agreement might say you have to remove all your things. There’s also a part of the law called section 40(1)(e) that talks about this. These rules still apply to you, no matter what other parts of the law say about leftover property.

Remember, it’s your job to make sure you don’t leave your things behind when you move out of a rented place. The law expects you to take care of your own belongings.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3280866.

Topics:
Housing and property > Renting
Rights and equality > Privacy
Previous

62D: Tenant may claim proceeds of sale, or

“You can ask for money from your sold stuff within a year if your landlord sold it after you left”

Next

62F: Protection from liability, or

“This law keeps landlords and buyers safe from getting in trouble when they sell or buy a tenant's things, as long as they follow the rules and act honestly.”

Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

62EResponsibility of tenant unaffected

  1. Sections 62A to 62D and any regulations made for the purposes of section 62(3A) do not absolve the tenant from any responsibility imposed on the tenant by the tenancy agreement or by section 40(1)(e) or by any rule of law to remove from the premises on the termination of the tenancy all goods owned by the tenant that the tenant is entitled to possess.

Notes
  • Section 62E: inserted, on , by section 44 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
  • Section 62E: amended, on , by section 37 of the Residential Tenancies Amendment Act 2019 (2019 No 37).