Tenant claiming retaliatory eviction even when they have destroyed the property?
I’m evicting a tenant.
However, they made a false allegation against a member of my staff a few days before I served notice. They are a periodic tenant, however New Zealand law, whilst allowing for no reason eviction (the person trashed the property but a no fault is an easier eviction to do) allows the tenant being evicted to defend themselves if they feel its a retaliation.
I know in America, where there are similar laws protecting against retaliation, the landlord can still secure the eviction by demonstrating other reasons for it.
I was wondering if that’s the case in NZ.
I only moved to NZ from Michigan a few years ago, and this is the first NZ eviction I’ve had to do.
In America, given these circumstances of what the tenant has done, the sheer fact I’ve already given warning before the police incident, and the general level of disruption by this tenant, I could still secure the eviction no matter how much the tenant screams about this being a revenge strike.
Thanks.
(HOWEVER: the report to the police was a fake allegation of theft against my employee at the service. Therefore, should push come to shove and the fact the tenant has trashed my property and flooded his neighbor’s apartment also, I intend to draw attention to the fact that the police report was a false allegation, and therefore use that as an example of this tenant causing a disruption with anti social behaviour and the like).
Chosen Answer:
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on: 1st January 70
