Being evicted in New Zealand, notice periods and how to fight it

Last updated 20 June 2026. This is general information, not legal advice.

Being told to leave your home is frightening, and landlords sometimes rely on that fear, issuing notices that are not valid or implying they can put you out at the end of the week. They cannot. Eviction in New Zealand is a legal process with set notice periods, specific grounds, and one firm rule above all the others. A landlord cannot remove you themselves. Only the Tenancy Tribunal can end your tenancy against your will, and only a bailiff acting on a Tribunal order can physically put you out.

This guide explains the notice periods as they stand in 2026, when a landlord can and cannot end your tenancy, how to tell whether a notice is even valid, and how to fight one that is not. It is general information, not legal advice.

Only the Tribunal can evict you

Start here, because it is the thing that protects you most. A termination notice is not an eviction. It is a request to leave by a certain date. If you do not leave, the landlord cannot make you. They have to apply to the Tenancy Tribunal for a possession order, and only once they have that order can a court bailiff remove you. The landlord themselves never can.

That means a landlord who changes the locks, removes your belongings, cuts the power, or otherwise tries to force you out without a Tribunal order is committing an unlawful act, and you can take them to the Tribunal for it and seek damages. This does not mean you should ignore a valid notice and sit tight, because if the notice is good the Tribunal will make the order. But it does mean you have time, you have a hearing, and nobody can lawfully throw you out in the meantime.

Periodic and fixed-term tenancies

Which notice rules apply depends on the type of tenancy you are on.

A periodic tenancy has no end date and rolls on until someone gives notice. This is where the 90-day and 42-day notices below apply.

A fixed-term tenancy runs for a set period, such as 12 months. A landlord cannot end a fixed term early just because they feel like it, and neither can you. When a fixed term reaches its end date it does not automatically stop. It rolls over into a periodic tenancy unless the landlord or the tenant gives notice between 90 and 21 days before the end date, or both agree to something else. So if your fixed term is ending and nobody has given proper notice in that window, you do not have to leave, you simply become a periodic tenant.

The notice periods

The rules changed on 30 January 2025, when no-cause terminations came back. For a periodic tenancy, these are the notice periods now.

• Landlord, no reason needed, 90 days. A landlord can end a periodic tenancy with 90 days’ written notice and does not have to give a reason.
• Landlord, on certain grounds, 42 days. A landlord can give shorter 42-day notice if the owner or a member of their family is moving in as their principal home, if the property has been sold with vacant possession required, or if it is needed for an employee or contractor of the landlord.
• Tenant, 21 days. A tenant can end a periodic tenancy with 21 days’ written notice, for any reason.

The 42-day grounds are not a free pass. If a landlord ends your tenancy because they are selling or moving family in, they have to actually do that. Using one of those grounds and then quietly re-letting the place to someone else can be an unlawful act, and you can take it to the Tribunal if you find out it happened.

Ending a tenancy for cause

Separate from the no-cause and 42-day notices, a landlord can move to end a tenancy because of something you are said to have done. Each of these still ends at the Tribunal, not at the landlord’s say-so.

Rent arrears

If you fall behind on rent, the landlord can give you a 14-day notice to pay what is owed. If you are at least 21 days in arrears, the landlord can apply to the Tribunal for a termination order. There is also a separate path where rent has been left unpaid for at least five working days on three separate occasions within 90 days, after the landlord has given notice each time, which lets the landlord apply to the Tribunal. The key point for a tenant is that paying off the arrears, or coming to a payment arrangement, is usually the strongest answer, and the Tribunal can decline to end a tenancy where the arrears have been cleared.

Damage and other breaches

For other breaches, such as damage, an unauthorised pet or subletting without consent, the landlord must serve a 14-day breach notice that says what the breach is and what you have to do to fix it. If you remedy it within the 14 days, that is the end of it. If you do not, the landlord can apply to the Tribunal for a termination order, and the Tribunal decides whether the breach justifies ending the tenancy.

Antisocial behaviour and assault

A landlord can apply to the Tribunal to end a tenancy where they have given three antisocial behaviour notices within a 90-day period, or in a single serious case. Antisocial behaviour means things like harassment, threats or significant disturbance to neighbours. Separately, if a tenant physically assaults the landlord, the owner, their family or their agent, and the police have filed a charge, the landlord can give a 14-day notice to end the tenancy. These are the serious end of the scale, and each antisocial notice has to set out the specific incident, which gives a tenant room to challenge a notice that is vague or unfair.

How to check the notice is valid

A surprising number of termination notices are defective, and a defective notice has no effect. Before you do anything else, check the notice against this list.

• Is it in writing and signed? A verbal notice to leave is not valid. The notice must be in writing and signed by the landlord or their agent.
• Does it give the full notice period? Count the days. A 90-day notice that only gives 70 days, or a 42-day notice dated too late, does not meet the requirement. The notice period runs from when you actually receive it, with extra working days added if it was posted.
• Does it state a valid ground, where one is required? A 42-day notice must state which ground it relies on. A 90-day notice does not need a reason, but if it claims a 42-day ground it has to be a real one.
• Does it give the correct date and address? Errors in the property address or the move-out date can make a notice invalid.
• Is it actually a periodic tenancy? If you are still inside a fixed term, a no-cause notice generally cannot end it early.

If the notice fails any of these, it may be invalid, and the landlord would have to start again with a correct one. That does not make the problem go away, but it buys time and it is a legitimate point to raise at the Tribunal.

Retaliatory and revenge evictions

This is one of the strongest protections a tenant has, and it exists precisely because no-cause notices can be misused. A retaliatory notice is a termination given because you exercised a legal right, for example because you asked for repairs, raised a healthy homes problem, complained to the landlord, or applied to the Tribunal.

If you have been given a termination notice and you believe it was in response to you standing up for your rights, you have 28 working days from receiving it to apply to the Tenancy Tribunal for an order that the notice is retaliatory. If the Tribunal agrees, the notice is declared to be of no effect, which means it is cancelled and you do not have to leave, and the landlord can be ordered to pay a penalty for an unlawful act. Even if you have already moved out, you have up to 12 months to ask the Tribunal to declare a notice retaliatory and seek damages. The timing of the notice matters here. A 90-day notice that landed a week after you emailed asking for the heater to be fixed is exactly the kind of thing this protection is designed to catch.

What happens at the Tenancy Tribunal

Most tenancy disputes go through free mediation with Tenancy Services first, which settles a large share of them without a hearing and results in an agreement that is binding once signed. If it is not resolved there, it goes to the Tenancy Tribunal.

The Tribunal is informal and you do not need a lawyer. An adjudicator hears both sides and decides whether the tenancy ends and on what terms. If you are challenging a notice, this is where you raise that it was defective, that it was retaliatory, or that the ground was not genuine. If it is about arrears, this is where evidence that you have paid or arranged to pay carries weight. Bring your tenancy agreement, the notice, all your correspondence with the landlord, rent records and anything that supports your case. Hearings are usually scheduled within a few weeks of filing.

If you have been given notice

1. Do not panic and do not rush out. A notice is not an eviction. You have the full notice period, and you cannot be removed without a Tribunal order.
2. Check the notice against the validity list above. Wrong form, wrong dates, short notice period or a fixed term that has not ended can all make it invalid.
3. Ask whether it is retaliatory. If it followed you exercising a right, you have 28 working days to apply to the Tribunal to cancel it.
4. If it is about arrears, deal with the arrears. Paying or arranging to pay is often the strongest answer and can stop a termination.
5. Use free mediation. Contact Tenancy Services, or get free help from a Community Law Centre or Citizens Advice Bureau, before it reaches a hearing.
6. Keep everything in writing. Notices, emails, texts and rent records are what decide the case.

The takeaway

An eviction notice can feel final, but it is the start of a process, not the end of one. A landlord cannot remove you, only the Tribunal can, the notice has to be valid in form and timing, and if it was given because you asked for repairs or stood up for yourself you have a direct right to have it cancelled. Check the notice, get free advice early, and do not leave your home just because a piece of paper told you to before anyone has tested whether it is even good.

Related guides

• Your rights as a tenant in New Zealand
• How to get your bond back in New Zealand

Frequently asked questions

How much notice does a landlord have to give to end a tenancy in New Zealand

For a periodic tenancy, 90 days’ written notice with no reason needed, or 42 days on specific grounds such as the owner or their family moving in, an unconditional sale requiring vacant possession, or the property being needed for an employee. A tenant ends a periodic tenancy with 21 days’ notice. A fixed-term tenancy generally cannot be ended early without grounds.

Can a landlord evict me without a reason

For a periodic tenancy, yes, with 90 days’ written notice, since the rules changed on 30 January 2025. They still cannot remove you themselves, and if the no-cause notice was actually given because you exercised a right, such as asking for repairs, you can apply to the Tribunal within 28 working days to have it declared retaliatory and cancelled.

Can my landlord change the locks or throw out my things

No. A landlord cannot evict you by changing the locks, removing your belongings or cutting services. Only the Tenancy Tribunal can end your tenancy, and only a bailiff acting on a Tribunal order can remove you. A landlord who does it themselves is committing an unlawful act and you can claim damages.

What can I do if I am behind on rent and have been given notice

Deal with the arrears as fast as you can. The landlord gives a 14-day notice to pay and can apply to the Tribunal once you are 21 days in arrears, but paying what is owed, or agreeing a realistic payment plan, is often the strongest answer. The Tribunal can decline to end a tenancy where the arrears have been cleared.

What is a retaliatory eviction

It is a termination notice given because you exercised a legal right, such as asking for repairs, raising a healthy homes issue or applying to the Tribunal. You have 28 working days from receiving the notice to apply to the Tenancy Tribunal, which can declare the notice retaliatory, of no effect, and an unlawful act that carries a penalty against the landlord.

Do I have to leave when my fixed term ends

Not automatically. A fixed-term tenancy rolls over into a periodic tenancy at the end date unless the landlord or tenant gives notice between 90 and 21 days before it ends, or you both agree otherwise. If nobody gave proper notice in that window, you become a periodic tenant and the periodic notice rules then apply.

Can I be evicted while I challenge the notice

No. You cannot be physically removed unless and until the Tenancy Tribunal makes a possession order and a bailiff enforces it. Applying to challenge a notice, or attending the hearing, is part of the process the landlord has to go through, so raising a genuine defence does not put you at risk of being thrown out in the meantime.

Have you challenged an eviction notice in New Zealand, or had one cancelled as retaliatory? Tell us how it went in the comments below.