Removing a bad tenant

R asks:
(updated on Monday, May 30th 2016)

I want to remove my tenant as the property is deteriorating due to incomplete renovations. For example, I recently tended to a rat problem in the roof, but further serious action is required to resolve it.

The tenant (sister) pays a minimal rent and was provided with a tenancy agreement (which was never returned). The tenant can be verbally abusive to myself and neighbours. I'm concerned that if I provide her with 90 days notice, she will consider it to be a retaliatory notice.

Can you offer any advice?

 

Our Experts Answer:

I suggest you give your tenant 90 days’ notice to terminate the tenancy. While no reason needs to be given for termination this way, it may help if you give reasons such as you have described (the need to carry out major renovations that may make the property uninhabitable). If the tenant considers the notice to be retaliatory, it is up to her to make an application to the Tenancy Tribunal to have the notice declared retaliatory. It may not be! Notice can be declared retaliatory if it is given in response to a tenant exercising a right. You haven’t described any such right that your sister has been trying to exercise.

Most Read

Unity First Home Buyer special 3.95
SBS FirstHome Combo 3.99
TSB Special 4.49
ICBC 4.49
Unity Special 4.49
Kiwibank Special 4.49
SBS Bank Special 4.49
Co-operative Bank - First Home Special 4.55
BNZ - Std 4.59
Kainga Ora 4.59
ASB Bank 4.59
Unity Special 4.89
ICBC 4.89
BNZ - Std 4.89
Kiwibank Special 4.89
Kainga Ora 4.95
China Construction Bank 4.95
TSB Special 5.09
ASB Bank 5.09
SBS Bank Special 5.09
Nelson Building Society 5.09
AIA - Go Home Loans 5.09
Westpac Special 5.59
ICBC 5.65
Kainga Ora 5.69
TSB Special 5.69
SBS Bank Special 5.69
AIA - Go Home Loans 5.69
ASB Bank 5.69
BNZ - Std 5.79
Kiwibank Special 5.79
Co-operative Bank - Owner Occ 5.89
China Construction Bank 5.99
SBS FirstHome Combo 3.29
AIA - Back My Build 3.34
SBS Construction lending for FHB 3.74
CFML 321 Loans 3.95
Co-operative Bank - Owner Occ 4.99
Co-operative Bank - Standard 4.99
Heartland Bank - Online 5.30
ICBC 5.39
Kiwibank - Offset 5.65
Kiwibank Special 5.65
Kiwibank 5.65