This Month To Month Apartment Lease agreement is designed for use in New Zealand residential tenancy situations where flexibility in tenure is desired by both parties. The document is particularly suitable for landlords and tenants who prefer not to commit to a fixed-term lease, while ensuring compliance with New Zealand's Residential Tenancies Act 1986 and related regulations. It includes comprehensive provisions for apartment-specific considerations such as body corporate rules, shared facilities, and building-specific requirements, while incorporating all necessary elements for Healthy Homes Standards compliance. The agreement is structured to protect both landlord and tenant interests while maintaining the flexibility inherent in periodic tenancies, making it ideal for situations where rental duration is uncertain or where parties prefer ongoing flexibility in their rental arrangement.
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1. Parties: Identification of the landlord/property manager and tenant(s), including full legal names and contact details
2. Background: Brief context explaining the purpose of the agreement and property ownership
3. Definitions: Key terms used throughout the agreement defined for clarity
4. Property Details: Specific description of the rental property, including address and any excluded areas
5. Term of Tenancy: Specification of the periodic (month-to-month) nature of the tenancy and start date
6. Rent and Bond: Rental amount, payment frequency, method of payment, and bond details
7. Utilities and Outgoings: Responsibilities for utilities, internet, and other service charges
8. Maintenance and Repairs: Obligations regarding property maintenance, reporting issues, and repair procedures
9. Tenant Rights and Obligations: Standard tenant responsibilities and rights under NZ law
10. Landlord Rights and Obligations: Standard landlord responsibilities and rights under NZ law
11. Health and Safety: Compliance with Healthy Homes Standards and other safety requirements
12. Access and Inspection: Terms for landlord access and property inspections
13. Notice Periods: Required notice periods for termination by either party
14. Insurance: Insurance requirements and responsibilities
15. Dispute Resolution: Process for handling disputes between parties
1. Body Corporate Rules: Required if the apartment is part of a body corporate, outlining specific building rules and regulations
2. Pet Clause: Include when pets are allowed, specifying conditions and additional requirements
3. Parking: Include if dedicated parking space is provided with specific terms
4. Storage: Include if additional storage spaces are provided
5. Shared Facilities: Include if there are shared amenities like gym, pool, or laundry
6. Subletting and Assignment: Include if subletting or assignment rights are to be specifically addressed
7. Quiet Hours: Include for buildings with specific noise restrictions
8. Alterations: Include if specific restrictions on property modifications are needed
1. Schedule 1 - Property Inventory: Detailed list of furnishings, appliances, and their condition
2. Schedule 2 - Property Condition Report: Detailed report on the condition of the property at the start of tenancy
3. Schedule 3 - Body Corporate Rules: Complete set of body corporate rules if applicable
4. Schedule 4 - Healthy Homes Standards Compliance: Details of property's compliance with Healthy Homes Standards
5. Appendix A - Key Collection Form: Details of keys/access devices provided to tenant
6. Appendix B - Maintenance Request Procedure: Step-by-step guide for reporting and handling maintenance issues
7. Appendix C - Emergency Procedures: Building evacuation and emergency contact information
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