Facing Eviction Help – What to Do If You’re Being Evicted
If your landlord has given you an eviction notice — or is threatening to — you still have rights. Most evictions in New Zealand are not legal unless they go through the Tenancy Tribunal. This guide explains what to do immediately, how to check if the notice is valid, and how to protect yourself.
What Counts as an Eviction
You are being evicted if your landlord:
- gives you a written notice to leave
- tells you to move out verbally
- threatens to change the locks
- sends messages saying you must leave
- pressures you to leave without a Tribunal order
Important: A landlord cannot make you leave without a Tenancy Tribunal order — even if they give you a notice.
Check If the Notice Is Legal
A valid termination notice must:
- be in writing
- state the reason for ending the tenancy
- give the correct notice period
- be properly delivered (email, post, in person, or as agreed in the tenancy agreement)
If any of these are missing, the notice may be invalid.
Common Illegal Evictions
Your landlord cannot:
- tell you to leave immediately
- evict you without a Tribunal order
- change the locks
- remove your belongings
- shut off power or water
- harass or intimidate you into leaving
If they do any of these, it is unlawful and you can take action.
What to Do Immediately
- Stay calm and stay put You do not have to leave unless the Tribunal orders it.
- Ask for the notice in writing If they refuse, note down what they said and when.
- Check the notice period Many landlords get this wrong.
- Contact Tenancy Services or Community Law They can confirm whether the notice is valid.
- Start gathering evidence Save texts, emails, screenshots, and photos.
If the Landlord Is Harassing You
Harassment includes:
- repeated threats
- turning up unannounced
- yelling or intimidation
- trying to force you out
- cutting utilities
- entering without permission
You can:
- tell them to stop
- document everything
- apply to the Tribunal for compensation
- call the police if you feel unsafe
If You Want to Challenge the Eviction
You can apply to the Tenancy Tribunal to:
- dispute the notice
- ask for compensation
- ask for a work order
- stop an illegal eviction
If the notice is invalid, the Tribunal can cancel it.
What to Say to Your Landlord
You can use this script:
- “I understand you want me to leave, but I am entitled to stay until the Tenancy Tribunal makes a decision.”
- “Please put any notice in writing.”
- “I will be seeking advice before taking any action.”
Copy and Paste This Email
Subject: Response to Eviction Notice
Kia ora,
I have received your notice asking me to leave the property. I am seeking advice and will not be moving out unless required by the Tenancy Tribunal.
Please provide any notices in writing, including the reason and the notice period.
Ngā mihi, [Your Name]
