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New Zealand · Residential Tenancies Act 1986 · s.51(2A), s.60A

Moving out of your rental? — notice to your landlord ready, 21 days counted

Short answer. Your notice is open below: periodic or fixed term, fill in the address and the date you leave. Periodic tenancy — tenant's notice: At least 21 days (Residential Tenancies Act 1986, s.51(2A)).

  • Periodic tenancy: earliest end date (at least 21 days' notice): type the date
  • Fixed term over 90 days: notice is in time if the fixed term ends on or after this date (at least 21 days before the end)…: type the date
  • …and on or before this date (no earlier than 90 days before the end): type the date
  • If this is instead the date you POST the notice: it counts as given on this date (4th working day after posting) — count the 21 days from here: type the date
  • If this is instead the date you put it in the letterbox or on the door: it counts as given on this date (2nd working day) — count the 21 days from here: type the date

Working days: Monday to Friday; public holidays are not deducted. Check your own case.

A tenant may end a periodic tenancy by giving at least 21 days' notice (Residential Tenancies Act 1986, s.51(2A)). A fixed-term tenancy of more than 90 days becomes periodic at its end unless a party gives written notice of not continuing in the period from the 90th day to the 21st day before it expires (s.60A(1), (2)(c), (2A)). A posted notice counts as given on the 4th working day after posting, one left in the letterbox or on the door on the 2nd working day, and an e-mail sent after 5 pm on the next working day (s.136(6)–(8)). Our working-day count skips weekends only; under the Act public holidays, your regional anniversary day, Good Friday to the Tuesday after Easter, and 24 December to 3 January are not working days, so allow extra time around the holidays.

Moving out of your rental?: first page

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Enter the date you will give the notice, and I will show the earliest date you can leave and whether it covers your fixed-term end date.

Posting? Then add 4 working days before the 21 days start. Around Christmas, 24 December to 3 January does not count.

An illustrated character, not a lawyer.

Deadlines

The rules, with the source

WhatDeadlineSource
Periodic tenancy — tenant's noticeAt least 21 daysResidential Tenancies Act 1986, s.51(2A)
What the notice must containIn writing; identify the premises; the date you will vacate; signed by you or your agent. No special wordingResidential Tenancies Act 1986, s.51(3), (4)
Fixed term of more than 90 daysBecomes periodic at the end unless written notice of not continuing is given between 90 and 21 days before it expiresResidential Tenancies Act 1986, s.60A
Notice sent by postCounts as given on the 4th working day after postingResidential Tenancies Act 1986, s.136(6)
Left in the letterbox or on the doorCounts as given on the 2nd working day after deliveryResidential Tenancies Act 1986, s.136(7)
E-mail to the address for serviceIf sent after 5 pm, counts as given on the next working dayResidential Tenancies Act 1986, s.136(1)(d), (8)
Landlord ending a periodic tenancyAt least 90 days in any case; 42 days only in listed situations, with reasonsResidential Tenancies Act 1986, s.51(1), (2), (3)(ca)

Applies to residential tenancies under the Residential Tenancies Act 1986. 'Working day' in this Act excludes weekends, public holidays, the regional anniversary day, Good Friday to the Tuesday after Easter, and 24 December to 3 January (s.2). Boarding houses, Kāinga Ora and other social housing may have extra rules.

Step by step

What to do, in order

  1. 1

    Check your tenancy type

    Periodic, or fixed term with an end date? The tenancy agreement says.

  2. 2

    Pick the end date

    Periodic: at least 21 days after the notice is given. Fixed term: the end date of the term.

  3. 3

    Choose how to deliver

    E-mail before 5 pm to the landlord's address for service is fastest. Post adds 4 working days.

  4. 4

    Sign and send

    Every tenant who signs makes it clearer. Keep a copy and the sent e-mail.

  5. 5

    Book the final inspection

    Walk through with the landlord and take dated photos of every room.

  6. 6

    Sort the bond

    Ask the landlord to sign the bond refund form after the inspection.

Questions

Is it 21 or 28 days?

21 days for a periodic tenancy. Some older guides still say 28; the current Act says at least 21 days.

My fixed term ends in February. When should I give notice?

Written notice must reach the landlord no earlier than 90 days and no later than 21 days before the end date. Enter the date you plan to send it: the calculator shows which end dates it covers.

Can I just text my landlord?

The notice must be in writing and signed. E-mail to the address for service in the tenancy agreement is a recognised way of giving notice; a text message may not be.

Official sources

Other documents

Keep the papers in one place

Letters, receipts and notices in one folder you can share with family or a lawyer. The templates and the editor are free; Layers is free for up to 20 people.

This is a ready document and a deadline calculation, not legal advice.