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 stuff you leave behind when you move out of a rented home”

When you move out of a rental property, if you leave any food or things that can spoil quickly, your landlord can get rid of them right away after they take over the property.

If you leave other things behind that aren’t food or don’t spoil quickly, your landlord needs to try their best to contact you. They should work with you to agree on a time for you to come and collect your things.

If your landlord can’t reach you, or if you don’t agree on a time, or if you don’t come to get your things when you said you would, your landlord has to do two things. First, they need to keep any of your personal papers safe. Then, for your other belongings, they can either follow the rules in section 62A or store them safely and ask the Tenancy Tribunal for help, as explained in section 62B.

Sometimes, tests might show that the property is contaminated. If this happens, and if there are special rules about how to deal with your things, your landlord has to follow those rules instead.

When this law talks about ‘premises’, it means the property and any facilities that come with it.

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 It might be out of date or be missing some parts.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.

Topics:
Housing and property > Renting
Crime and justice > Courts and legal help
Previous

61: Abandonment of premises, or

“When a renter leaves their home without telling anyone and doesn't pay the rent, the owner can ask for the rental agreement to end”

Next

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

“A landlord can sell or get rid of things left behind by a tenant after checking how much they're worth.”

Part 2 Tenancy 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).