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Residential Tenancies Act 1986

Tenancy agreements - Responsibility for damage

49A: General principle

You could also call this:

“Tenants are not responsible for damage to the property, except in special cases.”

Generally, you are not responsible for any damage to the place you are renting. This means you don’t have to pay for fixing any destruction or damage to the property. You also don’t have to promise to pay the landlord back for fixing any damage. You’re not required to pay any money related to damage or do any work to fix damage yourself.

There is one exception to this rule, which is explained in section 49B.

It’s important to know that you are never responsible for normal wear and tear of the property. This means the usual ageing or small damages that happen over time from normal use of the property.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS245568.

Topics:
Housing and property > Renting
Crime and justice > Courts and legal help
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49: Mitigation of damage or loss, or

“You must try your best to reduce any harm caused by someone who breaks the rules of your agreement.”

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49B: When tenant liable, or

“Tenants can be held responsible for damage they or their guests cause on purpose or through careless actions.”

Part 2 Tenancy agreements
Responsibility for damage

49AGeneral principle

  1. Except as provided in section 49B, a tenant has no liability or obligation, and must not be required, to—

  2. meet the cost of making good any destruction of, or damage to, the premises; or
    1. indemnify the landlord against the cost of making good the destruction or damage; or
      1. pay damages related to the destruction or damage; or
        1. carry out any works to make good the destruction or damage.

          1. A tenant is not, in any case, liable for fair wear and tear.

          Notes
          • Section 49A: inserted, on , by section 8 of the Residential Tenancies Amendment Act 2019 (2019 No 37).