Free Nebraska Landlord/Tenant FAQs | Free Nebraska Landlord/Tenant Legal Documents

How Do I End A Lease?

Tue, 29 May 2007 21:19:00 GMT

For a monthly lease, at least 30days notice before the rent due date is required but notice must be given for the first of the month. For example, if rent is due on the first, notice given on June 15 is effective for ending the lease on July 31, not for ending it on July 15. If you have a lease for a fixed period of time, it usually converts to a monthtomonth lease after the fixed period has expired. If the tenant leaves before the lease has expired, the landlord has an obligation to try to rent the unit; but if he or she cannot do so, the tenant signing the lease is responsible for the full term of the lease.

If one of the parties violates the conditions of the lease or the landlordtenant law, the lease may sometimes be terminated.

If the tenant fails to pay the rent, the landlord may notify the tenant the lease will end if the rent is not paid within three days. For failure to comply with terms and conditions other than payment of rent, the tenant must be given 14 days to correct the offending behavior.

If the tenant believes the landlord is not fulfilling duties under the lease, the tenant must give the landlord notice of the problem and 14 days to correct it.

In the case of serious or repeated violations, either party may choose to end the lease. Depending upon the circumstances, either the landlord or the tenant may be able to recover damages and reasonable attorney fees. All notices should be in writing between the landlord and tenant. The parties should date the notice and keep a copy.

The landlord cannot withhold personal property of the tenant, shut off utilities to the rental unit, change keys to lock the tenant out of the rental unit, nor forcibly remove the tenant. The landlord must go through court, and the sheriff then moves or locks the tenant out. The tenant cannot withhold rent except under very limited circumstances.

What Are A Landlord's Duties?

Tue, 29 May 2007 21:19:00 GMT

· The landlord has the duty to deliver possessions of the premises to the tenant according to the terms of the rental agreement. · The landlord has a duty to make repairs and to put and keep the premises in a fit, clean and safe condition after receiving written notice from the tenant. · The landlord has a duty to maintain in good working order all facilities and appliances supplied by the landlord. · The landlord has a duty to provide running water and heat. · The landlord has a duty to provide for the removal of garbage and other waste.

What Are A Landlord's Rights?

Tue, 29 May 2007 21:19:00 GMT

The landlord has the right to receive rent and collect damages for misuse or negligent destruction of the property, including damages in excess of the tenant's deposit. You do not have the right to withhold rent even if the landlord does not repair the property. In that case, you must give the landlord a 14day notice to repair or you will vacate in 30 days.

A landlord may charge whatever rent the landlord desires and may charge a security deposit not in excess of one month's rent and a pet deposit not in excess of onefourth of one month's rent.

The landlord may establish terms and conditions governing the tenant's conduct. Rules must be applied to all tenants in a fair manner and notice of those rules must be given to the tenant at the time the lease is signed. Rules adopted after the tenant signs the lease are enforceable if notice is given to the tenant, and if the rule does not substantially change the rental agreement.

The landlord's right to establish such rules does not give him or her the right to discriminate against prospective tenants on the basis of such factors as race, religion or national origin.

The landlord may enter a rental unit to inspect the premises, make repairs, supply services or exhibit the property to workers, prospective tenants or purchasers. In these instances, the landlord must give the tenant at least oneday's notice that he or she intends to enter, and should enter only at reasonable times. The landlord may enter without the tenant's consent only if there is an emergency, or if the tenant has abandoned the premises.

If the tenant abandons the rental unit, the landlord may take immediate possession. The landlord may require tenants who intend to be away from their rental unit for more than seven days to notify the landlord, so the landlord does not assume the property has been abandoned.

The landlord must give you notice of selling your abandoned property; if it is worth $250 or more, the net proceeds are sent to you or the State Treasurer for you to claim. If your property is worth less than $250, the landlord may keep, sell or destroy the property if you don't claim it by the stated date.

What Are A Tenant's Duties?

Tue, 29 May 2007 21:19:00 GMT

· The tenant has the duty to comply with all obligations imposed by the lease and pay rent when it is due. · The tenant has the duty to keep the rental unit in a clean and safe condition and upon termination of the tenancy leave the unit in as clean condition excepting ordinary wear and tear, as when tenancy began. · The tenant has the duty to dispose of all waste from the rental unit in a clean and safe manner. · The tenant has the duty to use all facilities and appliances in the premises in a reasonable and safe manner. · The tenant has the duty to not destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so. · The tenant has the duty to conduct himself/herself in a manner that will not disturb their neighbors' peaceful enjoyment of the premises. · The tenant has the duty to not unreasonably withhold consent for the landlord to enter the rental unit to inspect the premises.

What Are A Tenant's Rights?

Tue, 29 May 2007 21:19:00 GMT

The tenant may have possession of the rental property until the lease expires, as long as he or she performs all legal obligations. The tenant may use the property in any lawful way, subject to the restrictions in the lease. A common restriction is to use the premises for residential purposes only.

The tenant may deliver a written notice to the landlord specifying the acts and omissions constituting any breach of the rental agreement and the rental agreement will terminate upon a date 30 days after receipt of the notice if the breach is not remedied in 14 days.

If the landlord fails to supply essential services such as heat or water, the tenant may give written notice to the landlord stating the nature of the failure and may deduct the cost of obtaining such services from the rent or find reasonable substitute housing during the period services were not available.

The tenant may sublet the property unless prohibited by the lease. The original tenant must fulfill his or her obligations (including being responsible for the rent if the sublettor fails to pay) under the original lease agreement, even if the property has been sublet.

What Happens To The Property Left Behind?

Tue, 29 May 2007 21:19:00 GMT

When personal property is left behind in the premises which were previously leased by the tenant, the landlord must give notice to the tenant and to any other person the landlord reasonably believes to be the owner of the property. The landlord must describe the property in a manner to permit the owner of the property to identify it. If the property is in a locked or otherwise secured container which deters access, the landlord may describe the container and not the contents. The notice must state that reasonable costs of storage may be charged before the property is returned, where the property may be claimed, and the date on or before which such property must be claimed. The date must be not less than seven days after the notice is personally delivered, or if mailed, not less than 14 days after the notice is deposited in the mail. The notice must be given within six months of the expiration of the lease of the property or the date of discovery of the abandonment, whichever is later.

The landlord must release the personal property to the tenant or the person believed by the landlord to be the owner IF the landlord is paid reasonable costs of storage and advertising and the person takes possession of the property on or before the date specified in the notice.

If the property is not claimed and is worth less than $250, the landlord may retain the property for his or her own use or dispose of it as he or she sees fit. If the property is worth more than $250, it must be sold at public sale by competitive bidding. The landlord can bid on the property at the public sale. The costs of storage, advertising, and the sale are paid from the proceeds of the sale. The former tenant or property owner has 30 days after the sale to claim the remaining proceeds. If the tenant or owner does not claim the proceeds within the 30day period, the proceeds are sent to the State Treasurer for disposition pursuant to the Uniform Disposition of Unclaimed Property Act.

What Is A Lease?

Tue, 29 May 2007 21:19:00 GMT

A lease is a contract between a landlord and a tenant. Once the parties enter into a lease, they are usually legally bound by its terms, as long as these terms are not contrary to the landlordtenant law. An oral lease may be legally binding but it is better to have a lease in writing so the parties' obligations and rights are clearly spelled out. The lease should state who is responsible for paying the utility bills and should spell out each party's responsibility for caring for the premises. Do not sign a lease with blank spaces, and do not rely on promises made by one party but not included in the lease. If you have any questions about the provisions of a lease, talk to your attorney before you sign. You should be provided a copy of the lease; keep it in a safe location for five years after you move out of the property.

What Law Governs Landlord-Tenant Problems?

Tue, 29 May 2007 21:19:00 GMT

The Uniform Residential Landlord and Tenant Act governs oral and written agreements for residential property in Nebraska.

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