Removing a bad tenant

Question from R updated on 30th May 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 expert Bernard Parker responded:

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.

Bernard is principal of Quinovic – Kapiti-Mana. Quinovic's outstanding people and systems provide the most professional, effective and reliable residential property management service in the NZ market for over 30 years.

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