Nebraska

Key Information Included in a Lease Agreement

The lease agreement typically includes essential details such as the tenant’s and landlord’s information, the address of the premises, pet allocation, recognition of any health hazards or risks, and specifics regarding rent payments.

Rental Lease Laws Overview

Nebraska does not have rent control laws, and there is no limit on late fees. Late fees can be included in the rental agreement, but there is no grace period mandated by law. Additionally, landlords are required to hold a license to operate.

A rental application is generally required from tenants to evaluate their eligibility before the lease agreement is finalized.

Required Lease Disclosures

Under the Uniform Residential Landlord and Tenant Act, landlords must provide specific disclosures, including:

• Identification: An official address for notices and a list of individuals authorized to enter the property.
• Lead-Based Hazards: A disclosure regarding potential lead-based paint exposure for properties constructed before 1978.

Security Deposit

Regarding security deposits, Nebraska law does not impose a maximum amount, although it is typically equivalent to one month’s rent. There are no requirements for landlords to provide receipts or to maintain security deposits in interest-bearing accounts.

Landlords must return security deposits within 14 days after the tenant moves out, provided the tenant has supplied a forwarding address. If deductions for damages are made, an itemized statement of repairs and damages must be included with the return. Landlords are permitted to deduct from the security deposit for tenant-caused damages, provided they issue an itemized statement.

Rent Payments

Rent is generally due by the first of each month unless the lease specifies otherwise. There is no cap on how much a landlord may increase the rent. While Nebraska law does not set a maximum for late fees, these fees must be reasonable and agreed upon in the lease. A 7-day notice to quit is required for non-payment of rent before eviction proceedings can commence. Tenants may withhold rent if the landlord fails to make necessary repairs after being notified, under certain conditions, and can also repair and deduct costs from their rent in specific situations.

Landlord Right of Entry

Landlords must provide at least one day’s advance notice before entering the rental property. Entry must occur at reasonable times, and landlords may enter without notice in emergencies. They also have the right of access if the tenant surrenders or abandons the property. While landlords cannot change locks to evict tenants, there are no specific regulations regarding other lock changes.

Property Repairs

Landlords are responsible for maintaining properties in a habitable condition, which includes adhering to health and safety codes, making timely repairs, and ensuring essential services such as heat, water, and electricity are maintained. Tenants are required to keep the property safe and clean, use fixtures properly, follow health and safety codes, avoid damaging the property, and promptly notify the landlord of necessary repairs.

If a tenant abandons the lease, landlords must mitigate damages by making reasonable efforts to re-rent the property. A 10-day notice is required for unpaid utilities before further action can be taken.

Terminating a Lease

For month-to-month tenancies, either party can terminate the lease by providing written notice at least 30 days before the next rent payment is due. There are no specific statutes governing the handling of unclaimed property left behind by tenants outside Omaha; general principles of landlord-tenant law apply.

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