Can a landlord evict a tenant from an apartment if he has no lease or Tenancy Agreement and has been in the apartment

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Customer: can a landlord evict a tenant from an apartment if he has no lease or Tenancy Agreement and has been in the apartment for 2 years?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Auckland New Zealand
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: There is no lease
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by Chris The Lawyer in 2 hours 11 months ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.

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Chris The Lawyer, Expert

The requirement to give notice is in the Residential Tenancies Act and must be given to any tenant, even if there is no written tenancy agreement. It is illegal not have a written agreement. If the tenant is the sole occupant that is still a tenancy under the act.

Customer
Hi Chris Thank you for contacting me. My name is***** current tenant took over the unit from a former lesee with out notifying the landlord and seeking permission 2 years ago. He carried on paying the rent till September the 12th 2021 when he was notifyed of a rental increase. He has other people living at the address. Do I just give him 28 days notice to vacate the building? Cheers Peter
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Chris The Lawyer, Expert

He is still a tenant even if by irregular means but if he has stopped paying the rent, then you can apply to the Tenancy Tribunal to have the tenancy terminated as he is substantially in arrears

Customer
How much will you charge to issue a tenancy termination besides The $89 cost to discuss the issue with you. cheers
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Chris The Lawyer, Expert

You can get the forms from this site together with a lot of useful information

https://www.tenancy.govt.nz/ending-a-tenancy/giving-notice-to-end-tenancy/ending-a-periodic-tenancy/

if you need some assistance with the forms let me know

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