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Free Guide to Hiring a Real Estate Lawyer
Landlord and tenant law in Christchurch, New Zealand, is thoroughly regulated by the Residential Tenancies Act 1986 and the subsequent amendments made to it. The act stipulates the responsibilities and rights of both the tenant and the landlord. It covers key areas like property maintenance, rent, deposit, notice periods, eviction, and dispute resolution among others.
Certain situations may arise where you will require the assistance of a lawyer. Such situations include when you face a dispute with your landlord or tenant over property damages, when an eviction process becomes necessary, when you face unjust rent increases, or when dealing with any form of discrimination. A lawyer would be able to guide you through these processes and ensure that your rights are protected.
Under the Residential Tenancies Act, the landlord is required to maintain the property while tenants are required to keep it clean and undamaged. Rent increases can only occur once every 180 days, and the landlord must provide a 60-day notice. Security deposits are limited to four weeks’ worth of rent. A notice of 90 days is generally required for tenancy terminations, although it can be shortened due to specific reasons like unpaid rent, damage to the property, or physical assault.
If you believe your landlord is increasing the rent unfairly, you can contest it with the Tenancy Tribunal. You have 20 working days from receiving the notice to lodge an application.
Under the existing laws, a landlord must provide a suitable reason for eviction and give a 90 days' notice period. Examples of justified reasons may include unpaid rent or property damage caused by the tenant.
If the property incurs damages, the responsible party is typically expected to cover the repair costs. However, if the damage was caused unintentionally, the tenant might not necessarily bear the costs. In disputed situations, the Tenancy Tribunal can provide a resolution.
The tenant can apply to the Tenancy Tribunal to claim the bond if the landlord refuses to return it without any justified reason at the end of the tenancy.
Landlords are obligated to maintain the property in a livable condition. Tenants have the right to request necessary repairs. If the landlord does not respond, tenants can take the matter to the Tenancy Tribunal.
To get further help and information, you may refer to the resources provided by Tenancy Services, a part of New Zealand’s Ministry of Business, Innovation, and Employment. Also, Community Law provides free legal help throughout New Zealand including advice on tenancy issues.
If you require legal assistance, the first step would be to seek advice either from Tenancy Services or a legal professional. Make sure to provide all pertinent details and any supporting documents related to your issue. If a resolution cannot be found amicably, consider lodging a claim with the Tenancy Tribunal.
