90-Day Notice to End a Tenancy in NZ: When You Can Use It

The 90-day no-cause notice was the headline change of the Residential Tenancies Amendment Act 2024. It gives landlords back a termination path that does not depend on proving a reason - but the notice still has to be correct, in writing, and served properly, or the Tribunal treats it as though it was never given.

When can a landlord use a 90-day notice?

A landlord can end a periodic tenancy on 90 days' written notice without giving a reason. This applies from 30 January 2025 onwards, when the Residential Tenancies Amendment Act 2024 reinstated the no-cause pathway that the 2020 Amendment had removed. Before 2025, landlords could only end a periodic tenancy on a specific, provable ground - the 90-day notice restores the option to end a tenancy without needing one.

Do I need a reason to give 90 days' notice?

No. That is the entire point of the 90-day pathway - it is the "no cause" option. If you do have a specific reason (an unconditional sale requiring vacant possession, an owner or family member moving in, or employer-provided accommodation), those each have their own 42-day notice period instead, which is shorter. Persistent rent arrears or anti-social behaviour, with a Tribunal order, allows 14 days. Using the 90-day no-cause notice is appropriate when none of the shorter, ground-specific pathways apply, or when you would rather not disclose a reason.

How is the 90 days counted?

The notice must specify the exact date the tenancy ends, and that date must be at least 90 days after the tenant is treated as having received the notice - not 90 days after you wrote or sent it. Service time depends on the method: handed over in person counts as received immediately; left in the letterbox or attached to the door counts as received 2 working days after delivery; posted counts as received on the fourth working day after posting; and an electronic address for service before 5pm counts as received that same day, or the next working day if sent after 5pm. Get the service date wrong and the 90-day count starts from the wrong day.

What can go wrong with a 90-day notice?

The most common reasons a 90-day notice fails at the Tribunal: giving fewer than 90 days (even by a single day), sending it verbally instead of in writing, sending it to an address or method the tenant has not agreed to (so you cannot prove receipt), or getting the end date wrong relative to the actual service date. The Tribunal checks these dates carefully - a notice a day short of the required period is treated the same as no notice at all.

What happens once the 90 days are up?

Once the notice period ends and the tenant has vacated, the same close-out steps apply as any other tenancy ending: a final inspection, bond reconciliation (the tenant applies to Tenancy Services for the refund, or you claim against the bond for damage or unpaid rent), settling any outstanding rent, and the return of keys. Keep the signed notice, proof of service, and the final inspection report - if the ending is ever disputed, that documentation is what the Tribunal actually looks at.

Frequently asked questions

Can a tenant challenge a valid 90-day no-cause notice?
A tenant can apply to the Tribunal if they believe the notice is retaliatory (given in response to the tenant exercising a legal right, such as requesting repairs). A correctly issued, non-retaliatory 90-day notice with no reason stated is otherwise valid on its own.

Is 90 days different for a fixed-term tenancy?
No - the 90-day no-cause notice applies to periodic tenancies. A fixed-term tenancy ends on its agreed end date under the 2024 Amendment; ending one earlier needs the tenant's agreement or a specific ground.

Can I give 90 days' notice and also state a reason?
Yes, but if the real reason is actually one of the shorter-notice grounds (sale with vacant possession, owner moving in, employer accommodation), use the correct 42-day pathway instead - it is available sooner and is the legally accurate notice for that situation.