Ending a tenancy in New Zealand: notice periods, and your options for leaving early

Notice periods at a glance

• Tenant, periodic tenancy — 21 days
• Landlord, periodic tenancy, no reason given — 90 days
• Landlord, periodic tenancy, specified grounds — 42 days
• Either party, fixed term expiring on or after 1 May 2025 — between 90 and 21 days before expiry

The 42-day landlord notice is available in three situations only: the owner or a family member is moving in within 90 days and staying at least 90 days; an unconditional sale agreement requires vacant possession; or the property is needed for the landlord’s employees or contractors and this is stated in the current tenancy agreement.

What happens when a fixed term ends?

Since 1 May 2025, a fixed-term tenancy automatically becomes periodic on its expiry date unless somebody gives notice. To stop that, either party must give notice between 90 and 21 days before the expiry date. No reason is needed. Alternatively both parties can agree to something else. This is the most common trap in New Zealand tenancy law right now — diarise the 90-day mark, not the end date.

How to give notice correctly

Notice must be in writing, clearly state the date the tenancy ends, and give at least the minimum period. Count the days from when the notice is received, not when you wrote it. If your tenancy agreement lists an electronic address for service — email, mobile number, or messaging account — you can serve notice there, and since 20 March 2025 that is valid service. A text to a number that isn’t listed is not. Keep a copy of the notice and evidence of when it was sent.

Leaving a fixed term early: your four options

1. Mutual agreement. Ask. Landlords frequently agree, particularly if re-letting will be quick. Get it in writing, including who pays what and the exact end date.

2. Assignment. Assignment transfers your tenancy to a new tenant who takes over the remainder of the fixed term — you step out entirely. Ask in writing. A landlord cannot unreasonably refuse an assignment request, and cannot charge a fee for considering it. Tenancy Services publishes a Request for Assignment form and a matching response form. This is usually the cheapest exit available, and the option most people don’t know exists.

3. Subletting. Subletting is different: you stay on the head tenancy and become the landlord of your subtenant, remaining liable to your landlord for rent and damage. It needs written consent, and only makes sense for a temporary absence, not a permanent exit.

4. Tribunal application on hardship grounds. If circumstances have changed severely, you can apply to the Tenancy Tribunal to end the fixed term early on hardship grounds. The Tribunal weighs your hardship against the landlord’s.

Leaving because of family violence

A tenant, or their child or dependant, who experiences family violence during a tenancy can withdraw from it by giving at least 2 days’ notice with qualifying evidence. No landlord agreement is required and there is no financial penalty. The provision was clarified on 20 March 2025 to confirm it covers a tenant’s children and dependants. Tenancy Services publishes the approved withdrawal notice form and the accompanying statutory declaration templates. If you are in immediate danger, contact police on 111.

What leaving early actually costs

If you end a fixed term early by agreement, you may be liable for the landlord’s reasonable costs — typically advertising and letting fees, and rent until a new tenant moves in. The crucial counterweight: the landlord has a duty to mitigate their loss. They must make genuine efforts to re-let promptly at a reasonable rent, and cannot leave the property empty for two months and bill you for it. Ask for any claimed costs in writing, with evidence, and compare the advertised rent to the market.

Finishing well

• Compare the property against your move-in photos, room by room
• Clean thoroughly, including oven, rangehood filter and window tracks — the three most commonly claimed items
• Repair anything you caused; leave fair wear and tear alone
• Return every key, remote and fob
• Take dated move-out photos of every room
• Confirm your forwarding address and bank account
• Process the refund through Bond Hub

Frequently asked questions