Residential Tenancies Act 1986s56s60

Can I leave a fixed-term tenancy early in NZ?

A fixed-term tenancy in NZ runs for the specified period and cannot normally be ended early by either party without agreement.

Your options for leaving early:

1. Negotiate with your landlord (recommended first step) You can ask your landlord to agree to end the tenancy early. If they agree, get it in writing. Your landlord may ask you to help find a replacement tenant or cover advertising costs.

2. Assign or sublet (s60 RTA) With the landlord's consent (which cannot be unreasonably withheld), you can assign the tenancy to another person or sublet part of the property.

3. Landlord breach If the landlord is in serious breach of the tenancy agreement (e.g. failing to do urgent repairs, unlawful entry), you may be able to apply to the Tenancy Tribunal to terminate the tenancy.

4. Special circumstances The Tenancy Tribunal can terminate a tenancy early if you can demonstrate exceptional hardship (e.g. serious illness, significant change in circumstances).

If you leave without agreement: You may be liable for rent until the end of the fixed term, or until a replacement tenant is found — whichever is earlier. The landlord has a duty to mitigate their loss.

Periodic vs. fixed term: If your tenancy has converted to periodic (because the fixed term ended and you stayed on), different termination rules apply — you can give 28 days notice (s56 RTA).

Source: Residential Tenancies Act 1986, s56, s60 — View on legislation.govt.nz

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Legal information, not legal advice. This information is based on New Zealand legislation and is provided for educational purposes. It is not a substitute for advice from a qualified New Zealand lawyer about your specific situation. If you are dealing with a serious legal matter, consult a lawyer or your nearest Community Law Centre (communitylaw.org.nz).