Ending a tenancy by giving notice
A tenant can end a periodic tenancy by giving 21 days’ notice (s 51(2A) RTA). Tenants do not have to provide a reason for ending the tenancy.
Changes were made to the Residential Tenancies Act that came into effect on 30 January 2025. These changes included shortening the amount of notice that a tenant needs to give from 28 to 21 days. Find out more here.
Be aware that if there are multiple tenants named on the tenancy agreement, and any one of them gives notice, this ends the tenancy for all the tenants.
If a tenant leaves before the notice period has finished they will normally be liable to pay rent until the end of the notice period.
Ending a tenancy because premises are destroyed or seriously damaged
If a rental home is destroyed or is so seriously damaged that it can no longer be occupied, the tenant can end their tenancy with just two days’ notice (s 59 RTA). This applies whether it is a periodic tenancy or a fixed-term tenancy. The types of situations where this might occur are natural disasters like flooding or an earthquake, or because of a fire. (Note, the landlord can also end the tenancy in these circumstances by giving seven days’ notice.)
The rent should be reduced so that the tenant is only paying for the days they are able to live in the tenancy. The tenant does not have to pay rent if the property is not habitable.
If the rental property is partially destroyed or part of it is damaged and uninhabitable, the tenant has the right to an appropriate rent reduction until the damage is fixed (s 59(4) RTA). If the tenant doesn’t want to continue the tenancy, they can give the standard 21 days’ notice. If they want to leave earlier, they can apply to the Tenancy Tribunal for early termination of the tenancy on the basis that it would be unreasonable to require them to continue with the tenancy, even if they are paying reduced rent.
These grounds for ending the tenancy do not apply if the tenant caused the damage by doing something that was a breach of the tenancy agreement (s 59A RTA).
Ending a tenancy because of family violence
If a tenant is experiencing family violence, they can end their tenancy quickly if they need to (s 56B RTA). Note, this applies whether it is a periodic tenancy or a fixed-term tenancy.
The tenant can withdraw from the tenancy by giving the landlord two days’ notice. The tenant must complete the required form and provide qualifying evidence that they have experienced family violence while living in the premises.
Read more about how to end a tenancy because of family violence.
Did you find this information helpful?
