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    Kushlastewart26's Avatar
    Kushlastewart26 Posts: 1, Reputation: 1
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    #1

    Nov 10, 2015, 02:04 PM
    How much notice to I give a family member to vacate property
    Have a family member who has been staying in home (with no agreement) in New Zealand since 2013, this family member is behind in rent of four months and I need direction on how much notice I give him to vacate the property please help I cant go to tenancy tribunal.

    This family member is also on the mortgage documents and wants to purposely fail to pay the mortgage so the house can get auctioned. He has already approached other family members to purchase it when it goes to mortgagee sale.

    The other party to the mortgage document is also a family member he is currently dealing with the bank to put forward a proposal to clear the arrears, H E L P
    paraclete's Avatar
    paraclete Posts: 2,706, Reputation: 173
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    #2

    Nov 10, 2015, 03:00 PM
    As there is arrears of rent the usual tenacy rules apply, so give him two weeks notice to quit. Why can't you go to the tribunal surely it is not an expensive exercise and you can obtain an order to recover unpaid rent
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #3

    Nov 10, 2015, 06:36 PM
    Who else is on the mortgage document besides this family member? Who gets this members rent?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Nov 10, 2015, 10:24 PM
    You may not be able to evict them, if they are also on the deed?

    Also, they are not paying you "rent" if they are on the mortgage, they are merely giving you their share of the payment.

    So in this case, they are not late on rent payments, since they are not renters, they are merely paying a share of the mortgage on the house, were they are listed on the loan.

    You need to see a local lawyer on this, since it will not be as easy as first believed.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Nov 11, 2015, 07:21 AM
    If they are on the deed, then you probably can't evict them since they are a part owner of the property. If they are just on the mortgage, but not the deed, then you should be able to evict them and then sue them for their share of the mortgage payment. If they signed the mortgage as a borrower then they are responsible for a share of the payment.

    If they are not a part owner, then the local rules for eviction apply.You say they are behind in their rent so there has to be some agreement even if it is verbal, for them to pay rent. If you can prove that (previous rent payments, etc.) then you can evict them for non payment. From what I have been able to tell notice to vacate for breach of agreement (failure to pay rental) is 10 working days. Notice for non breach is either 42 or 90 days (Residential Tenancies Act 1986 No 120 (as at 14 April 2014), Public Act 51 Termination by notice – New Zealand Legislation) depending on reason for termination.
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