The Nebraska Rental Lease Agreements are, as the name implies, a group of legal forms that facilitate the temporary transfer of property from a property owner or manager to a tenant. There are a variety of different kinds of leases. Which kind you will need depends on the type of property, the length of the agreement and what the property will be used for. If you wish to sell or lease property in Nebraska, you will need a Real Estate Broker License.
Each lease is completely unique, with a variety of different clauses and local laws applying to it. As such, regardless of the length or purpose of the lease, it should be read carefully, to avoid misunderstandings. Residential leases are required to contain simple, clear language that even a layman can understand, but they should still be read carefully. What follows are some of the most common types of lease agreements.
Form Description Types
Nebraska Rental Laws
- Nebraska Revised Statutes, Title 76-1401 to 76-1449
Almost all landlords will want to charge a security deposit to account for the possibility the tenant will leave without paying rent, or to pay for any damages done to the property during a tenancy. Under Nebraska state law, a landlord can charge up to one (1) month’s rent for a security deposit, unless the tenant has pets in which case the landlord can charge up to one and one fourth (1.25) month’s rent for a security deposit. A Nebraska landlord is required to return the deposit within fourteen (14) days of the tenant vacating the property.
There is no legal limit to how much a landlord can charge for rent in Nebraska, as there are no rent controlled areas. All of the rules for rent, including how much it is, when it is due and where it must be delivered will be included in the lease itself.
If the tenant fails to pay rent on time and in full, they may accrue a late fee. There are no laws dictating a maximum amount a landlord can charge for a late fee, but a late fee policy must be spelled out clearly in the lease, or no fee, regardless of how little, can be charged.
In a Month to Month Lease a landlord can alter the rent by giving the tenant thirty (30) days written notice. In a long term lease, such as a One Year Lease, the rent cannot be altered until the lease has terminated, unless a clause in the lease itself allows for a rent increase.
If a tenant has violated the lease in some way, the landlord can serve them with written notice of their violation. This written notice will give them fourteen (14) days to fix the violation. If they do not mend the violation in that time, the landlord must then give them sixteen (16) more days to move out before filing for eviction.
If the tenant violates the lease twice in six (6) months, the landlord can serve them with an Unconditional Quit Notice, which gives them fourteen (14) days to move out before filing for eviction. In Month to Month Lease however, a landlord can evict the tenant at their discretion, simply by giving them thirty (30) days written notice to vacate.
Once the required amount of time is up, the landlord must seek an Eviction Notice from a judge. The judge will typically have a hearing, at which point the tenant will have the opportunity to defend themselves. If the landlord is successful, the tenant will be served with an Eviction Notice.
Until the tenant has been served with an Eviction Notice the landlord cannot try to force the tenant out by severing utilities, tampering with the locks, removing the tenant’s property or installing a deadbolt.
It is illegal to discriminate (IE refuse housing, deny a property is available when it is, alter rent) on the basis of the following:
- race, color, national origin, religion, sex, family status, physical or mental disability
- note that age, gender identity and sexual orientation are not covered
Landlord’s Right to Enter
In Nebraska, a landlord is required to give the tenant at least one (1) day’s notice before entering, and can only enter at a reasonable time. In an emergency setting, or if the property has been abandoned for seven (7) days, this is suspended and the landlord can enter the property without giving notice.