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Can a tenant change their mind if a landlord and a tenant agree from the start to terminate their tenancy on a specific date?

21 October 2022

This is a common situation. A landlord needs their place filled for a specific "long-ish" period (longer than a standard short-term tenancy of fewer than 90 days). They found a tenant who is happy to rent the place under these terms. Now the lease is ending, but the tenant's circumstances change, and now they wish to stay for longer. Does the tenancy end as both parties agreed at the start of the term?

There is, unfortunately, nothing to stop the tenant from changing their mind and wanting to remain in the property after the agreed fixed-term tenancy expires. If not renewed, then the tenancy will become periodic upon expiry. The tenant asking for or agreeing to a specific fixed term is not a valid reason for a landlord to end a fixed-term tenancy.

You might also be interested in:
Can landlords advertise their property for a fixed-term term and agree for it not to become periodic upon expiry?

The information contained in this article is exclusively for promotional purposes. It does not in any way constitute legal advice and should not be relied upon as the basis for any legal action or contractual dealings. The information is not and does not attempt to be, a comprehensive account of the relevant law in New Zealand. If you require legal advice, you should seek independent legal counsel. does not accept any liability that may arise from the use of this information.

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