Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

62: Goods left on premises on termination of tenancy

You could also call this:

"What happens to your stuff when you move out of a rental property?"

Illustration for Residential Tenancies Act 1986

When you move out of a rental property, you might leave some things behind. If you leave food or other things that can spoil, the landlord can get rid of them straight away. If you leave other things behind, the landlord must try to contact you to arrange a time for you to collect them. If the landlord cannot contact you or you do not collect your things, they must store any important papers safely and deal with the other things according to the rules set out in section 62A or section 62B. If the property is contaminated, there are special rules the landlord must follow. The landlord must follow these rules when dealing with the things you leave behind, and this includes any facilities at the property.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95531.

This page was last updated on — View changes

Previous

61: Abandonment of premises, or

"What happens if you leave your rental home without telling your landlord?"

Next

62A: Disposal of abandoned goods following assessment of market value, or

"What happens to your stuff if you leave it behind when you move out of a rental property?"

Part 2Tenancy agreements
Termination of tenancies and recovery of possession

62Goods left on premises on termination of tenancy

  1. Where, on the termination of the tenancy, the tenant leaves on the premises foodstuffs or other perishable goods, the landlord may, immediately after taking possession of the premises, dispose of those goods in any way the landlord thinks fit.

  2. If the tenant leaves on the premises goods that are neither foodstuffs nor other perishable goods, the landlord must, immediately after taking possession of the premises, make all reasonable efforts to contact the tenant and to agree with the tenant on a period within which the tenant is to collect the goods.

  3. If the landlord is unable to contact the tenant or to agree on a period with the tenant, or if the tenant fails to collect the goods within the agreed period, the landlord must ensure that any personal documents belonging to the tenant are stored securely and must deal with the other goods either—

  4. in accordance with section 62A; or
    1. by securing them in safe storage and by applying to the Tribunal in accordance with section 62B.

      1. However, if tests carried out in accordance with a relevant prescribed method have established that the premises are contaminated, and regulations under this Act prescribe a process (and associated duties) for dealing with the goods, subsection (3) does not apply and those regulations must instead be complied with.

      2. In this section, premises includes facilities.

      Notes
      • Section 62: replaced, on , by section 44 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
      • Section 62(3A): inserted, on , by section 36 of the Residential Tenancies Amendment Act 2019 (2019 No 37).