A Nebraska lease agreement is a legally binding document between a landlord and a tenant, written per Nebraska’s landlord-tenant laws. The landlord agrees to rent all (or a portion of) their property to a tenant for a fee, and the tenant agrees to the lease agreement’s terms and conditions.
Some information on a Nebraska lease agreement includes the tenant’s and landlord’s information, the address of the premises, the allocation of pets, the recognition of any health hazards or risks, and details about rent payments.
Rental Lease Laws Overview
- Rent Control: No
- Limit on Late Fees: No
- Late Fees in Rental Agreement: Yes
- Grace Period: No
- License Required for Landlord: Yes
A rental application is usually required from tenants to assess their eligibility before finalizing a lease agreement.
By Type (6)
Standard Lease Agreement
Establishes the duration of the tenancy arrangement between a landlord and a tenant for residential property.
Commercial Lease Agreement
Establishes a landlord-tenant relationship between a landlord and a business entity.
Rent-to-Own Lease Agreement
Creates a landlord-tenant arrangement and gives the tenant a buy option for the property after the lease terminates.
Month-to-Month Rental Agreement
This agreement automatically renews every month, with no specified termination date.
Sublease Agreement
Creates a supplementary lease agreement where the primary renter remains accountable to the initial property owner.
Room Rental Agreement
Outlines rules and financial responsibilities for individuals renting separate rooms within a shared residence.
Required Lease Disclosures
Within the Uniform Residential Landlord and Tenant Act, the main disclosures are: [1]
- Identification. The landlord must provide an official address for notices and specify all individuals who are allowed to enter the property. [2]
- Lead-Based Hazards. Federal law states that a landlord must disclose that any property built before 1978 might cause a tenant exposure to lead-based paint. [3]
Security Deposit
- Maximum Amount: No limit, but typically one month’s rent.
- Receipts: Not specified.
- Interest Payments: No statewide requirement for landlords to deposit security deposits in an interest-bearing account or pay interest on security deposits.
- Bank Account: Landlords in Nebraska are not required to maintain security deposits in a distinct interest-bearing account, regardless of the number of rental units they own.
- Returning Requirements: Landlords must return security deposits within 14 days after move-out, provided the tenant has given a forwarding address. If deductions for damages are made, returns, along with an itemized statement of repairs and damages, must be issued within 14 days. [4]
- Withholding Rules: The landlord can deduct from the security deposit for tenant-caused damages, providing an itemized repair and damage statement. [4]
Rent Payments
- Laws: Rent must be paid by the first of each month unless the lease states differently. [5]
- Rent Control: No maximum for what a landlord may increase the rent.
- Late Fees and Grace Period: Nebraska law does not specify a maximum amount for late fees, but they must be reasonable and agreed upon in the lease. Landlords may impose late fees if rent is overdue, provided the fee is specified in the lease agreement prior to tenancy commencement. The law requires a 7-day notice to quit for non-payment of rent. If rent remains unpaid after this period, the landlord can begin eviction proceedings. [6]
- Withholding Rent: Tenants may withhold rent if the landlord fails to make necessary repairs after being notified, but certain conditions must be met. Tenants can also repair and deduct the costs from their rent under specific circumstances. [7]
Landlord Right of Entry
- Notice Requirements: A landlord must provide at least one day’s advance notice to a tenant before entering the rental property. [8] This statute also states the landlord:
- Can only enter at reasonable times
- May enter unprompted in case of an emergency
- Has a right of access if the tenant surrenders or abandons the property
- Keys, Locks, and Security: Landlords can’t change locks to evict tenants, but no other rules exist on lock changes.
Property Repairs
- Landlord Responsibilities: Landlords must keep properties habitable by adhering to health and safety codes, making timely repairs, and maintaining essential services such as heat, water, and electricity. [9]
- Tenant Repairs: Tenants must maintain a safe and clean environment, properly use fixtures, follow health and safety codes, avoid damaging the property, and promptly notify the landlord of necessary repairs. [10]
- Abandonment: Landlords must mitigate damages if a tenant abandons a lease by making reasonable efforts to re-rent the property. The law does not define a specific absentee period for abandonment, and landlords must provide a 10-day notice for unpaid utilities before taking action. [11]
Terminating a Lease
- Month-to-Month Tenancy: A month-to-month tenancy can be terminated by either party by providing written notice at least 30 days before the next rent payment is due.
- Unclaimed Property: No specific statutes detailing the handling of unclaimed property left behind by tenants in areas outside Omaha. General principles of landlord-tenant law apply.
Sample
Here’s a Nebraska lease agreement template for you to download as a PDF or Word file. It can help you start renting your property more efficiently following your standards and the state’s statutes:
