A Nebraska sublease agreement is a contract between the tenant of a rental property (“sublessor”) and a person who wants to rent part or all of that property from the tenant (known as a “subtenant”).
The tenant may want to sublet because they have to move before their lease is up. It’s also possible that the original tenant plans to continue to live on the property, but has extra space and wants help paying rent each month. Rather than breaking their lease, the tenant can enter a sublease agreement with a subtenant and pass some of their obligations (like paying rent and upholding terms in the lease) to them.
Nebraska law is vague about subleasing, so it’s recommended that the tenant and subtenant enter into a written agreement to clearly establish their rights and duties. The tenant should also get their landlord’s permission before subletting.
Free Template Download
Download this blank and fillable Nebraska sublease agreement form into MS Word (.docx) or Adobe PDF. To save time and ensure everything is filled out correctly, we recommend using our free Nebraska sublease agreement builder or reading our steps on how to write a Nebraska sublease agreement below.
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How to Write a Nebraska Sublease Agreement
- Name the parties – Identify the tenant and the subtenant at the beginning of the sublease agreement.
- List the address – Write the address for the property that is being sublet.
- Write payment information – Write the date rent must be paid, the cost of rent, and how it should be paid (by check, cash, wire transfer, etc.).
- Define the term of the lease – Enter the date the sublease will begin and end. Note that the sublease agreement cannot last beyond the timeframe agreed upon in the original lease.
- Describe how utilities are divided up – Write which utility payments the tenant is responsible for paying. All others are the responsibility of the subtenant.
- Write the amount of the security deposit – State how much the security deposit costs (usually one or two months’ rent). Also make it clear how many days the tenant has to either return this deposit or give the subtenant a reason why they aren’t getting back some or all of the deposit.
- List other terms – Describe any additional terms the tenant and subtenant agree to, such as a smoking policy, guest policy, and whether a move-in checklist will be completed.
- Sign and date the document – The tenant and subtenant must sign and date the document. The landlord’s signature and date should also be obtained, verifying their consent to the sublease agreement.
- Attach documents – Attach the original lease to the sublease, along with the Lead Paint Disclosure form if the unit was built before 1978.
Nebraska Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in Nebraska. Once you’ve filled out a Nebraska sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all Nebraska laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Nebraska Landlord-Tenant Laws: Article 14 of the Nebraska Revised Statutes
In Nebraska, a sublessor must:
- Give a subtenant seven days (7) written notice to pay rent or leave
- Return the security deposit within fourteen days (30) of the end of the sublease
- Provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease
Nebraska Sublease FAQs
Is subletting illegal in Nebraska?
No, subletting isn’t illegal in Nebraska. Nebraska law doesn’t expressly prohibit or permit subleasing, so the terms of the original lease will determine whether a property can be sublet.
Can a tenant sublet without permission?
Yes a tenant can sublet without permission in Nebraska. However, the tenant should get the landlord’s permission before subletting to avoid conflict with their landlord.
Also, the original lease may indicate that the tenant is violating the original lease if they sublet a property without approval from the landlord.
How can I end a sublease agreement?
A sublease agreement is a written contract. All parties (generally the original tenant and the subtenant) must fulfill the obligations within this contract. This includes continuing to pay rent until the expiration of the term of the sublease.
If the tenant wants to evict the subtenant, they have to pursue the same legal channels landlords must follow when evicting a tenant.
Am I still responsible for paying rent if I sublease my rental?
Yes, you are responsible for paying rent if you sublease your rental. Entering into an additional contract with a third party doesn’t excuse the original obligations you agreed to when you signed your lease.
If the subtenant doesn’t pay rent, you’re still on the hook for it. However, there may be legal action you can take to pursue compensation from the subtenant. Having a thorough Nebraska sublease agreement can help you in such a case.
