All conditions added to a tenancy agreement must comply with the law. Find out about conditions you can and can’t add.

What sort of conditions the landlord can add

A landlord can add extra conditions to the tenancy agreement if they relate to things that may damage the house or cause extra wear and tear. These could include:

  • not allowing the tenant to smoke in the house
  • limiting the number of people allowed to live in the house
    • if this condition is included, the named tenants are responsible for making sure the number is not exceeded
  • stating which areas on the property cars can’t be parked
  • rules about pets
  • meth testing

What sort of conditions the landlord can't add

Landlords can’t add conditions that might breach the law.

Any conditions that are inconsistent with the law will have no effect. A landlord can’t enforce what’s outside the law, and tenants can’t sign away any of their rights.

Unenforceable clauses in tenancy agreements

Breaches of the Residential Tenancies Act


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