Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

Application of Act

7: Tenancies for short fixed terms

You could also call this:

“This law explains the rules for short-term rental agreements that last up to 90 days.”

If you agree to rent a place for 90 days or less, some rules in the law don’t apply to you. You and the landlord need to write down that you won’t stay longer than 90 days before you move in.

If you end up staying longer than 90 days, even if you didn’t plan to, the rules in sections 25 to 28 and 51 will start to apply after the 90 days are over.

You and the landlord can’t use a short 90-day tenancy just to test if you want to stay longer. That’s not allowed.

If you think the landlord gave you a short tenancy just to test things out, you can ask the Tenancy Tribunal for help. They might make the tenancy longer if they think it’s fair and doesn’t cause problems for other people.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95007.

Topics:
Housing and property > Renting
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8: Parties to excluded tenancies may agree that Act shall apply, or

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Part 1 Application of Act

7Tenancies for short fixed terms

  1. Subject to subsection (2), nothing in sections 25 to 28 and 51 shall apply to a tenancy for a fixed term of not more than 90 days (whether or not terminable by notice) if, before the commencement of the tenancy, the parties agree in writing that the tenancy will not be extended or renewed to give a total length of the term in excess of 90 days.

  2. Where such a tenancy is extended or renewed, whether once or more than once, with the result that the total length of the term exceeds 90 days, on the expiry of that period of 90 days the tenancy shall become subject to sections 25 to 28 and 51 (as well as all the other provisions).

  3. The parties may not enter into a tenancy for a fixed term of not more than 90 days for the purpose of using that tenancy as a trial-period for ascertaining the desirability of extending or renewing the tenancy.

  4. The Tribunal may, on the application of a tenant or former tenant who is or who was a party to a tenancy for a fixed term of not more than 90 days, order the extension or renewal of that tenancy on any terms that the Tribunal thinks just if the Tribunal is satisfied that—

  5. the tenancy was granted in breach of subsection (2A); and
    1. the proposed extension or renewal will not prejudice third parties who are not in any way involved in the breach.

      1. Repealed
      Notes
      • Section 7 heading: replaced, on , by section 6(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
      • Section 7(1): amended, on , by section 6(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
      • Section 7(1): amended, on , by section 8(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
      • Section 7(2): amended, on , by section 8(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
      • Section 7(2A): inserted, on , by section 8(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
      • Section 7(2A): amended, on , by section 6(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
      • Section 7(2B): inserted, on , by section 8(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
      • Section 7(2B): amended, on , by section 6(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
      • Section 7(3): repealed, on , by section 6(4) of the Residential Tenancies Amendment Act 2020 (2020 No 59).