Overview
Leases are the cornerstone of a successful landlord-tenant relationship, providing a legal framework for both parties to enter a harmonious agreement.
In Nebraska, residential lease documents—including their structure, nature, and contents—are regulated by Nebraska landlord tenant laws. For this reason, it’s imperative to understand the intricacies of the law before constructing a lease.
This guide will walk you through the crucial components of a lease agreement Nebraska considers compliant, ensuring you’re well-equipped to make informed decisions. And to make your journey easier, we’re offering a free Nebraska lease template for download!
A Nebraska lease is a legally binding document that outlines the terms and conditions governing the rental of a residential property within the state. This lease must adhere to Nebraska’s landlord-tenant laws, providing a clear framework for both landlords and tenants to follow and fostering a secure and transparent rental environment.
The following components should be included in every Nebraska rental lease agreement. Note that these components primarily apply to residential leases; a Nebraska commercial lease agreement will necessarily have different requirements.
Lease Term
This section specifies the lease’s start and end dates, establishing the duration of the rental agreement.
Rent
Here, you’ll find details regarding the rent rate, due date, and the status of rent control. In Nebraska, there are no statewide rent control laws. This means Nebraska does not regulate or restrict the price of rent within the state. However, individual cities or counties in Nebraska may still pass local laws that regulate rent, so be sure that your rent rates are compliant with any laws that apply in your region.
Late Fees
The penalties for missing rent payments should be clearly stated in the lease, as should any exceptions. There are no statutory limits on late fees in Nebraska, nor is there a mandatory grace period. This means landlords can once again choose the amount of their late fees as long as it is reasonable. Be sure your late fee policy is clearly described in every Nebraska rental agreement so that tenants know exactly what will happen if they are late to pay rent.
Security Deposit
Lease agreements must include details about the security deposit, including its amount, where it will be stored, and how/when it will be returned.
The maximum or limit for security deposits in Nebraska is one month’s rent. Pet deposits can be separate from security deposits, but they may not exceed a fourth of the monthly rent (Neb. Stat. § 76-1416(1)).
Additionally, Nebraska law requires that landlords return security deposits to tenants (minus any deductions) within 14 days, or two weeks, after the lease ends (Neb. Stat. § 76-1416(2)).
All Nebraska lease agreements should include a clear explanation of the landlord’s security deposit policy, including the amount of the deposit, how/when it will be returned, and the conditions under which funds may be withheld from it.
Required Disclosures
This section encompasses crucial required disclosures, which are information that must be disclosed to the tenant in the lease before they agree to rent the property. These required disclosures must be included in a lease agreement Nebraska considers compliant, or else provided to the tenant in a separate written notice.
In Nebraska, the required disclosures are:
- Lead-based paint – Landlords in all 50 states must disclose lead-based paint hazards in rental agreements for most properties built before 1978.
- Landlord/agent identification – Landlords in Nebraska are required to disclose the name and address of the person authorized to manage the premises and receive notices.
Landlord Right to Entry
In Nebraska, there are specific laws governing when a landlord can enter a rental property. Landlords in this state may only enter an occupied unit for a non-emergency reason if they have given at least 24 hours’ notice to the tenant (Neb. Stat. § 76-1423(3)(a)). Additionally, landlords should only enter at “reasonable times” (typically interpreted as daylight or business hours). Be sure to include the landlord’s right of entry in all Nebraska rental agreements.
Repairs & Maintenance
This section of the lease agreement outlines how and when tenants should submit maintenance requests and clarifies the process for addressing necessary repairs. Every Nebraska residential lease agreement should specify which maintenance responsibilities are the landlord’s and which are the tenant’s.
Termination of Lease Agreement Nebraska Rules/Renewal Procedures
This section details the procedures for the renewal or termination of lease agreement Nebraska enforces. Specifically, the lease should clearly state how many days’ notice the tenant needs to provide the landlord to announce their intent to either renew or terminate the lease.
A Nebraska residential lease agreement should also clearly describe what happens if the tenant breaks the lease. Before filing for eviction in Nebraska, landlords must send eviction notices of specified lengths: A seven-day notice to pay or quit for nonpayment, a 30-day quit notice with 14 days to cure for lease violations, or a five-day unconditional quit notice for severe violations. These notice periods should be specified to the tenant so that both parties are clear on what will happen if the tenant fails to uphold the lease agreement.
Joint and Severability Clause
This clause is for leases with multiple roommates and explains the legal consequences if one party fails to fulfill their obligations. It ensures that the entire lease isn’t invalidated due to one roommate’s breach.
Signatures
Both the landlord and tenant will sign the rental agreement either on paper or electronically, ensuring a secure and convenient process.
Nebraska Lease Agreement Download
To make your leasing journey simpler, we offer a free, downloadable Nebraska lease agreement. This template is tailored to meet the specific requirements of Nebraska state law, making it a valuable tool for landlords and tenants.
Conclusion
Understanding the nuances of a Nebraska residential lease agreement is vital for a smooth and legal tenancy. We hope this guide has provided you with a clear understanding of the components of a Nebraska lease. To get started on the right foot, download our free Nebraska lease template and ensure a transparent, lawful, and satisfying rental experience.
