Nebraska Roommate Agreement
A Nebraska room rental agreement, commonly referred to as a roommate agreement, is a legal contract that allows tenants to share a dwelling with one or more co-tenants. This agreement establishes the rules and responsibilities for individuals sharing living space, ensuring that all parties understand their obligations.
Nebraska Roommate Agreement
Quick Guide to Writing a Nebraska Room Rental Agreement
- Parties Involved: Clearly specify who is making the agreement, the property location, and the identity of the landlord. Include current contact information for all signatories.
- Lease Term: Document the term of the existing lease and the duration of the roommate agreement.
- Security Deposit: Discuss how the security deposit will be divided among the roommates and establish rules for its return or any deductions.
- Rent: State the total rent amount and detail how it will be divided among the roommates.
- Utilities: Determine how utility payments will be split and identify who is responsible for making payments to utility companies.
- Lease Violations: Set rules for handling violations of the lease or roommate agreement and outline procedures for early move-outs.
- House Rules: List any house rules regarding food sharing, cleaning, guests, and other communal living aspects.
- Room Assignments: Allocate bedrooms and decide which areas will be shared or remain private.
- Signatures: Ensure all parties sign and date the agreement, and attach the completed landlord consent form.
Types of Roommate Arrangements in Nebraska
Co-Tenancy
In a co-tenancy, all roommates share equal responsibility for the lease terms, paying rent to the same landlord. They generally cannot evict one another; any misconduct must be addressed with the landlord.
Subtenancy
In a subtenancy, the original tenant acts as the landlord to the subtenant. The original tenant collects rent from the subtenant and is responsible for addressing their rental issues. Subleasing typically requires the landlord’s permission and can lead to eviction if done without consent.
At-Will Tenancy / Guest Tenancy
This informal arrangement may exist with or without the landlord’s consent. In Nebraska, if rent is exchanged or if a roommate stays for more than a couple of weeks, it may be considered an oral lease, making the roommate a subtenant. This means a formal eviction process is generally required to remove the roommate.
Lease Violations in Roommate Situations
Roommates, as co-tenants, are “jointly and severally liable” for the terms of the original lease. Each co-tenant is fully responsible for compliance, meaning the landlord can pursue full recovery from any co-tenant for lease violations. If a roommate has not signed the original lease and the landlord has not consented to the roommate agreement, the original tenant is liable for any violations committed by the roommate.
Resolving Roommate Disputes in Nebraska
In the event of a dispute, the lease takes precedence over the roommate agreement. House rules regarding food sharing, chores, and quiet hours may not be enforceable in court. Roommates with disagreements unrelated to the lease may consider using a mediator or arbitrator for resolution.
Rental Application
A rental application is a document used by landlords to gather information about a potential tenant’s employment history, references, and background.
Statutes
- Neb. Rev. Stat. §§ 76-1405 – Remedies; administration and enforcement; duty to mitigate damages
- Neb. Rev. Stat. §§ 76-1409 – Courts; jurisdiction
- Neb. Rev. Stat. §§ 76-1414(1) – Terms and conditions of rental agreement; death of tenant; removal of personal property; liability
- Neb. Rev. Stat. §§ 76-1414(3) – Terms and conditions of rental agreement; death of tenant; removal of personal property; liability
- Neb. Rev. Stat. §§ 76-1415(1)(c) – Prohibited provisions in rental agreements
- Neb. Rev. Stat. §§ 76-1416(1) – Security deposits; prepaid rent
- Neb. Rev. Stat. §§ 76-1416(2) – Security deposits; prepaid rent
- Neb. Rev. Stat. §§ 76-1417 – Disclosure
- Neb. Rev. Stat. §§ 76-1419 – Landlord to maintain fit premises
- Neb. Rev. Stat. §§ 76-1421 – Tenant to maintain dwelling unit
- Neb. Rev. Stat. §§ 76-1423(1) – Access
- Neb. Rev. Stat. §§ 76-1423(2) – Access
- Neb. Rev. Stat. §§ 76-1427 – Wrongful failure to supply heat, water, hot water, or essential services
- Neb. Rev. Stat. §§ 76-1431(1) – Noncompliance; failure to pay rent; effect; violent criminal activity upon premises; landlord; powers; exceptions
- Neb. Rev. Stat. §§ 76-1431(2) – Noncompliance; failure to pay rent; effect; violent criminal activity upon premises; landlord; powers; exceptions
- Neb. Rev. Stat. §§ 76-1432(2) – Remedies for absence, nonuse, and abandonment
- Neb. Rev. Stat. §§ 76-1432(3) – Remedies for absence, nonuse, and abandonment
- Neb. Rev. Stat. §§ 76-1436 – Recovery of possession limited
- Neb. Rev. Stat. §§ 76-1437(1) – Periodic tenancy; holdover remedies
- Neb. Rev. Stat. §§ 76-1437(2) – Periodic tenancy; holdover remedies
- Neb. Rev. Stat. §§ 76-1439 – Retaliatory conduct prohibited
- Neb. Rev. Stat. §§ 76-1441 – Complaint for restitution; filing; contents
- Neb. Rev. Stat. §§ 28-611 – Issuing or passing a bad check or similar order; penalty; collection procedures
- Neb. Rev. Stat. §§ 25-2802 – Jurisdiction
- Neb. Rev. Stat. §§ 25-205 – Actions on written contracts, on foreign judgments, or to recover collateral
- Neb. Rev. Stat. §§ 25-206 – Actions on oral contracts or statutory liabilities
FAQs
A Nebraska roommate agreement is a legal contract between co-tenants who share a rental property. It outlines the responsibilities and rules for each roommate, including rent payment, utility responsibilities, and house rules, and is enforceable in a court of law.
Key components of a Nebraska roommate agreement include the identification of all parties involved, the term of the lease, security deposit arrangements, rent distribution, utility payment responsibilities, rules for lease violations, house rules, and the division of shared spaces.
Co-tenancy refers to a situation where all roommates are on the same lease with the landlord, sharing equal responsibility for the lease terms. This means that if one roommate fails to pay rent or violates the lease, all co-tenants can be held liable.
Roommates can resolve disputes by referring to the original lease, which takes priority over the roommate agreement. For disagreements not related to the lease, they may consider mediation or arbitration with a neutral third party.
In a co-tenancy situation, if one roommate fails to pay their portion of the rent, the landlord can demand the full rent amount from any of the co-tenants. This means all roommates are jointly and severally liable for the lease terms.
Yes, a Nebraska roommate agreement is a legal contract between tenants and can be enforced in a court of law. However, house rules that are not part of the original lease may not be enforceable.
Co-tenancy involves all roommates being on the same lease with equal responsibilities to the landlord, while subtenancy occurs when one tenant (the original tenant) rents out part of the property to another (the subtenant), who does not have a direct lease with the landlord.
House rules in a roommate agreement should cover aspects such as food sharing, cleaning responsibilities, guest policies, and quiet hours. These rules help maintain a harmonious living environment among roommates.