Your tenant has disappeared. What can you actually do?

“My tenant has disappeared, their stuff’s still there and they owe rent. Can I just go in?” 

An unanswered phone call is one thing. But when the rent hasn’t arrived, messages are going unanswered and you’re starting to wonder whether your tenant is even still living at the property, things become a little more complicated. 

It might look like they’ve left, but that doesn’t necessarily mean the tenancy has ended. 

Before going into the property or dealing with anything left behind, landlords need to follow the correct process. 

What can you do? 

Try to contact the tenant. Use the contact details and appropriate methods available to you and keep a record of your attempts to get in touch. 

Check the rent records. Establish exactly how much rent is outstanding and when payments stopped. 

Follow the rules for entry. You generally can’t enter a rental property simply because you haven’t been able to reach the tenant. However, there is a specific provision for suspected abandonment. If the rent is at least 14 days in arrears and you have reasonable cause to believe the tenant has abandoned the property, you can give at least 24 hours’ notice of entry for the purpose of confirming whether it has been abandoned. 

You can read the Residential Tenancies Act rules around landlord entry or see Tenancy Services’ guidance on accessing a rental property. 

Use the formal abandonment process if necessary. If you believe the property has been abandoned and rent is in arrears, you can apply to the Tenancy Tribunal for an order terminating the tenancy. The Act provides a specific process for abandonment, rather than leaving landlords to make that decision themselves. 

What if you’re concerned about the tenant’s welfare? Sometimes a tenant being unexpectedly unreachable raises a different concern: are they OK?  

If you have genuine concerns about a tenant’s welfare, you can contact New Zealand Police for advice. For a non-urgent situation, call 105. If you believe someone may be in immediate danger or their safety is at risk, call 111. 

You may also be able to contact the emergency contact the tenant provided for the tenancy. Keep the conversation focused on the welfare concern and only share the information necessary to explain why you’re getting in touch. 

Most importantly, concern for a tenant’s welfare doesn’t automatically give a landlord the right to enter the property themselves. The normal entry requirements still apply, so if you’re worried something may have happened, contact the appropriate people rather than deciding to enter without following the correct process. 

What shouldn’t you do? 

Until you know where you legally stand, avoid taking matters into your own hands. 

That means: 

• Don’t simply let yourself in because the tenant isn’t answering. 

• Don’t assume the tenancy has ended because the property appears empty. 

• Don’t change the locks or take possession without following the proper process. 

• Don’t throw away belongings left at the property. There are specific rules for dealing with goods left behind after a tenancy ends. 

• Don’t treat unpaid rent and abandonment as the same thing. Rent arrears may be a sign something is wrong, but they don’t automatically prove that a tenant has left. 

The Residential Tenancies Act has specific provisions for abandonment, and separate rules apply to goods left at the property after a tenancy ends. 

When you’re not sure, follow the process 

Unanswered messages and overdue rent can certainly point towards abandonment, but landlords still need to establish what’s happened and follow the appropriate legal steps. 

Keep records, follow the entry requirements and use the formal tenancy process where necessary. It may take a little more care, but it can save a much bigger headache later. 

Not sure what your next move should be? 

Situations like suspected abandonment can become complicated quickly. 

At Comprendé Property Management, we manage tenant communication, rent arrears and the appropriate tenancy processes for the properties we look after, so landlords don’t have to work out the next legal step themselves. 

Need help managing your rental property? Get in touch with the Comprendé team today on 04 384 2141 or email hello@comprende.co.nz.