Nebraska Rental Lease Agreements
The Nebraska Rental Lease Agreements make any legal obligations that a tenant and landlord have to one another clear to both parties. These contracts remove ambiguity from a number of matters, from the payment of rent to landlord access of the rental dwelling.
While there are some standard provisions stipulated in the landlord-tenant laws of many states, there are also a number of key distinctions between them. This means that the creation of a lease agreement should not be generalized, and that landlords and tenants based in Nebraska should ensure they use a Nebraska Rental Lease Agreement.
What is a Nebraska Lease Agreement?
A Nebraska Lease Agreement is a document that sets out all of the fundamental matters that must be covered for a residential property to be leased. To aid the process of selecting the most ideal tenant to enter into the agreement with, landlords are advised to ask any tenants they are considering to fill out a rental application.
State Definition – No state definition.
Types of Agreements
College Roommate Agreement – An agreement that is used by college students who are living together in the same dorm in an effort to clarify their living arrangements.
Commercial Lease Agreement – This document outlines conditions for the lease of a commercial property used by businesses, rather than residential property used by individuals.
Lease to Own Agreement – Legally documents an agreement made by a landlord to eventually sell a rental property to a tenant currently renting it.
Month-to-Month Lease – If a landlord does not want to commit to a standard year-long lease, they can use a month-to-month type to allow for greater flexibility.
Roommate Agreement – An agreement that is beneficial for roommates wanting to ensure everyone is on the same page about their responsibilities in their shared household.
Standard Residential Lease Agreement – A rental agreement that is complete with all of the necessary components of Nebraskan state law that relate to landlord-tenant relationships.
Sublease Agreement – Anyone wishing to sublease part or all of their rental dwelling will need to complete this agreement with the party who will sublease it from them.
When is Rent Due?
As stated by § 76-1414(3), rent is due at the dwelling unit in equal monthly installments at the beginning of each month, unless otherwise agreed. Terms of one month or less require rent to be paid at the beginning of the term, with the rent amount uniformly proportional from day to day. There is no grace period outlined by state law.
Emergency (§ 76-1423(1)): In emergency circumstances, landlords do not need to obtain consent from the tenant before entering the rental dwelling.
Non-Emergency (§ 76-1423(2)): Landlords are required to provide tenants with at least one (1) day’s notice of their intent to enter. Landlords may only at reasonable times, a term that generally means during business days from 9 a.m. to 6 p.m.
- Lead Paint Disclosure: Landlords of rental dwellings constructed prior to 1978 must inform tenants of any lead paint hazards they are aware of in the dwelling. Further to this, landlords are required to give a pamphlet about lead-based hazards in the home to tenants.
- Names and Addresses (§ 76-1417): The names and addresses of the landlord and any party authorized to act on their behalf must be disclosed.
Security Deposit Laws
Maximum (§ 76-1416(1)): Landlords may only demand a security deposit that is a maximum of one (1) month’s periodic rent. They may, however, charge a pet deposit if the tenants have pets, which may be a maximum of one-fourth (1/4) of one month’s periodic rent.
Returning to Tenant (§ 76-1416(2)): Landlords must return the security deposit within fourteen (14) days after the tenant demands it and has informed the landlord of the location where payment may be made or mailed. If landlords will retain any portion of the security deposit, they must provide the tenant with a written itemization of the amounts withheld.