How much notice do you need to give (or get) to end a tenancy in NZ?
On a periodic tenancy, a tenant must give at least 21 days' written notice. A landlord must give 90 days' written notice, and since 30 January 2025 they no longer need a reason. For three specific reasons (the owner or their family moving in, the property being sold with vacant possession, or the home being needed for the landlord's employees) the landlord can give 42 days.
A fixed-term tenancy is different. It does not end just because the date arrives. Either side can give notice in a window between 90 and 21 days before the end date. If nobody does, it rolls over into a periodic tenancy and the rules above apply.
The basics
- Tenant on a periodic tenancy: at least 21 days' written notice, unless the landlord agrees in writing to less.
- Landlord, no reason: 90 days' written notice. It must not be retaliatory.
- Landlord, 42 days: only for owner or family moving in as their main home (within 90 days of you leaving, and staying at least 90 days), an unconditional sale needing vacant possession, or the property being needed for the landlord's employees or contractors. The reason must be stated in the notice.
- Fixed term expiring: either party gives written notice between 90 and 21 days before the end date. No reason is needed. Miss the window and it becomes periodic.
- Short fixed terms of 90 days or less end on the date with no notice and do not become periodic.
- Every notice must be in writing, show the address, state the end date and be signed.
- Add delivery time. Post adds 4 working days, letterbox or door adds 2 working days, email before 5pm counts the same day, and after 5pm the next working day.
- Breaking a fixed term early needs the landlord's agreement, or a Tribunal order for severe hardship.
- Family violence: a tenant can leave any tenancy with 2 days' written notice in the approved form with qualifying evidence.
- One tenant's notice ends it for everyone on a periodic tenancy where several names are on the agreement.
How it is worked out
Notice periods trip people up because of the delivery rules. Here is how to count them.
Scenario: you want to leave a periodic tenancy. You decide on Thursday 15 October 2026 to move out. You email the landlord at 7pm that night.
- Step 1: When is it received? Email after 5pm counts as received the next working day, Friday 16 October.
- Step 2: Add 21 days. 16 October + 21 days = Friday 6 November. That is the earliest end date you can put on your notice.
- Step 3: Rent. You pay rent up to and including 6 November. If you leave earlier, you still pay to the notice date unless the landlord agrees otherwise in writing.
Scenario: your landlord is selling. The house sells unconditionally on 1 December 2026 with vacant possession required. The landlord posts a 42-day notice the same day.
- Step 1: Delivery. Posted notices count as received on the fourth working day, so 7 December 2026 (allowing for the weekend).
- Step 2: Add 42 days. 7 December + 42 days = 18 January 2027. The notice must state the sale as the reason. If it gives no reason, it needs to be 90 days instead, which would take you to 7 March 2027.
Scenario: your fixed term ends 31 March 2027. The notice window opens 90 days before (1 January 2027) and closes 21 days before (10 March 2027). A notice sent on 15 March is too late. The tenancy becomes periodic and the landlord would then need 90 days (or 42 with a stated reason) to end it.
The catch
- The 42-day reasons have strings attached. If the landlord says a family member is moving in, that person must move in within 90 days and live there at least 90 days. Tenants can challenge a notice that turns out to be false.
- Retaliatory notices are unlawful. If you get a notice soon after asking for repairs or exercising your rights, you can apply to the Tribunal within 28 working days to have it set aside, and the Tribunal can award up to $6,500 in exemplary damages.
- Three strikes still exist. A landlord can apply to the Tribunal to end a tenancy after three separate notices for rent at least 5 working days overdue within 90 days, or three notices for anti-social behaviour within 90 days.
- Selling does not end a fixed term. The new owner takes over the tenancy to the end date.
- Breaking a lease early can cost you. The landlord can charge their actual and reasonable costs, for example re-advertising. They cannot charge a penalty fee. Landlords must consider any request to assign the tenancy to someone else and cannot refuse unreasonably.
- Abandonment is serious. Leaving without notice is an unlawful act. The Tribunal can order you to pay up to $1,000 in damages plus compensation and rent owed.
- Staying past the end date for more than 90 days without a possession order creates a new periodic tenancy, which then needs fresh notice.
- Notices served before 1 May 2025 may be subject to the older rules.
Do this next
- Check which tenancy you have. Look at the agreement. "Fixed term" with an end date, or "periodic" with no end date.
- Count backwards from the date you want to leave, add the delivery days, and make sure you land on at least 21 days (or in the 90 to 21 day window for a fixed term).
- Put it in writing with the address, the end date and your signature. Email is fine if the landlord has given an email address for service.
- Keep a copy and a record of when and how you sent it.
- If you received a 42-day notice, check the reason is stated. No reason means it should be 90 days.
- If you think the notice is retaliatory, apply to the Tenancy Tribunal within 28 working days. The fee is $29.
- If you need to break a fixed term, ask the landlord in writing first, offer to help find a replacement tenant, and get any agreement signed. If circumstances have changed severely, apply to the Tribunal.
- If you have left without notice, contact the landlord now and confirm in writing that you have given possession back. It limits the damage.
Common questions
Can my landlord end my tenancy for no reason?
On a periodic tenancy, yes, with 90 days' written notice. This was reinstated on 30 January 2025. The notice still cannot be retaliatory. On a fixed term, the landlord cannot end it early without your agreement, but can give notice in the 90 to 21 day window so it does not roll over.
I gave notice but changed my mind. Can I take it back?
Only if the landlord agrees. Once a valid notice is served, it stands. Ask quickly and get the withdrawal in writing.
What happens if my landlord gives me less notice than the law requires?
A notice that is shorter than 90 days (or 42 days with a stated reason) is not valid on its own. Write back pointing out the correct period, keep a copy, and do not move out early unless you choose to. If the landlord pushes, apply to the Tenancy Tribunal.
Do I have to let people view the house once notice is given?
The landlord still needs your agreement to bring prospective tenants or buyers through, and cannot simply let themselves in. Check the current entry rules at tenancy.govt.nz and agree on sensible times in writing.
My flatmate gave notice but I want to stay. What now?
On a periodic tenancy, one named tenant's notice ends the tenancy for all of you. Ask the landlord for a new agreement in your name before the end date.
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- Ending a periodic tenancy, Tenancy Services
- Expiry of a fixed-term tenancy, Tenancy Services
- Ending a fixed-term tenancy early, Tenancy Services
- Giving notice to end a tenancy, Tenancy Services
- Serving notices, Tenancy Services
- Abandoned premises, Tenancy Services
- Changes to tenancy terminations now in force, Tenancy Services
- Changes to Tenancy Tribunal application fee 2026, Tenancy Services
- Residential Tenancies Act 1986, legislation.govt.nz
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Last reviewed 14 October 2026. Written by Streetwise from the official pages listed above. General information only, not legal or financial advice.