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Residential Tenancies Act 1986

Tenancy agreements - Preliminary matters

13: Tenancy agreement must be in writing and signed

You could also call this:

“The landlord and tenant must write down and sign their agreement about renting a home.”

You need to have a written tenancy agreement when you rent a place to live. The landlord must write this agreement down. Before you move in, the landlord has to sign the agreement and give you a copy, even if you haven’t signed it yet. You, as the tenant, must also sign the agreement.

If the landlord doesn’t write the agreement down or doesn’t sign and give you a copy before you move in, they’re breaking the law. This is called an unlawful act and an infringement offence. The landlord might have to pay a fine if they don’t follow these rules. The fine amount is listed in Schedule 1B of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95022.

Topics:
Housing and property > Renting
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13A: Contents of tenancy agreement, or

“The law says what must be included in a rental agreement between a landlord and tenant”

Part 2 Tenancy agreements
Preliminary matters

13Tenancy agreement must be in writing and signed

  1. The landlord must ensure that the tenancy agreement is in writing.

  2. The landlord must, before the tenancy commences,—

  3. sign the tenancy agreement; and
    1. provide a copy of the tenancy agreement to the tenant (whether or not the tenant has signed it).

      1. The tenant must sign the tenancy agreement.

      2. A landlord who fails to comply with subsection (1) or (2)—

      3. commits an unlawful act; and
        1. commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B.

          Notes
          • Section 13: replaced, on , by section 7 of the Residential Tenancies Amendment Act 2020 (2020 No 59).