I have been renting a room with no written agreement for over 3 months. I have been paying rent on time and have caused

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Customer: Hi, I have been renting a room with no written agreement for over 3 months. I have been paying rent on time and have caused no damages as far as I am aware, as well a received no complaints. The owner of the house decided today that they want me to vacate the premises by 12th July (in 9 days), because they want to renovate the room. This amount of notice isn't even close to enough for me to find somewhere to move. Is there anything I can do in this situation?
JA: What state are you in? It matters because laws vary by location.
Customer: Auckland, New Zealand
JA: What steps have you taken so far?
Customer: no steps takin yet, only received a note now.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, that is all thanks

Answered by Chris The Lawyer in 15 mins 2 years ago

Chris The Lawyer

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Chris The Lawyer

41328 Satisfied customers

10+ years of experience

Chris The Lawyer

10+ years of experience

41328 Satisfied customers

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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

Chris The Lawyer, Expert

I am not sure you have a proper residential tenancy, because if you are just renting a room you are probably a flatmate. But normally if you were a tenant you should have a written tenancy agreement, and they would need to give 90 days notice. If you cannot negotiate an extension to enable you to find somewhere else, you could try the tenancy tribunal, but they might say that you are a flatmate and not a residential tenant. The distinction is that if you are a residential tenant, you would have your own cooking and washing facilities and your own access to the property. Otherwise you are a flatmate which isn't covered by the tenancy law

Customer

I have my own cooking facilities but not washing, and have my own access to the property. It is seperate from the living space of the owner.

Chris The Lawyer, Expert

I would recommend treat this as a residential tenancy, and your landlord may have some trouble if there is no written tenancy agreement. Your next step might be to tell them that you do have remedies under the act, but that if they give you a reasonable time to find another place you won't go to the tribunal. It is illegal not to have a written tenancy agreement and they can be fined for trying to evict you without proper notice

Customer

Ok, thank you

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