Free Nebraska Rental Lease Agreement


Sample Nebraska Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, Nebraska, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of Nebraska, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of Nebraska.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of Nebraska (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of Nebraska, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, Nebraska, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, Nebraska, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

Nebraska Rental Lease Agreements

Do you know rental laws that apply to tenants and landlords in Nebraska? If you are looking at one of our Nebraska rental lease agreement forms online, you might want to hold on filling the forms until you have read this article.

  • Official Rules and Regulations

    • The uniform residential landlord and tenant act – Neb. Rev. Stat. §§ 76-1401 – 76-1449

    • Mobile Home Landlord and Tenant Act – Neb. Rev. Stat. §§ 76-1450 to 76-14,111

    • Disposition of Personal Property Landlord and Tenant Act – Neb. Rev. Stat. §§ 69-2301 to 69-2314

Security Deposit

The security deposit maximum is one month’s rent and a pet deposit bit exceeding one-quarter of one month’s rent – if pets are allowed in the residential rental unit, and if the tenant has a pert,

No statutes guide security deposit interests, non-refundable fees, or separate security deposit bank accounts.

The landlord has 14 days to return the security deposit after demand is made and designation of the location where the payment is to be made is issued.

  • The permitted uses of the security deposit include:

    • Payment of the rent owed

    • Payment of damages suffered by the tenant as a result of the tenant’s noncompliance with the rental agreement or the statutes.

A written description or an itemized list of damages and charges is required of the landlord

No statutes are available for record keeping of deposit withholding, receipt of the deposit and non-compliance.

Lease, Rent, and Fees

Rent is due at the beginning of every month or the beginning of any period term like a month or less than a month unless it is agreed otherwise

The landlord gives a rent increase notice as agreed in the lease agreement

In the Nebraska rental lease agreement, there is no rent grace period, and rent is due without demand or any notice, as agreed in the lease

Prepaid rent that remains in the accounts of the landlord could be applied to the payment of rent owed when the tenancy is terminated.

The returned check fees equal to $10, in addition to any reasonable handling fees imposed by the financial institutions.

Late fees are payable as agreed in the lease

  • The tenant may withhold rent in case of failure to provide essential services like heat and water. The tenant is expected to give the landlord a given notice that specifies the violation before procuring reasonable amounts for the essential service, and then, they can deduct their actual and reasonable cost from the rent,

    • The tenant cannot repair and deduct rent. However, a tenant remedies for the landlord’s failure to make repairs as a violation of the Landlord duties in the statutes. In case of noncompliance,

    • The tenant should give 30-days written notice to the landlord notifying the landlord of their lease termination within 30 days from the date of the notice in case the landlord doesn’t fix the problems in 14 days.

    • The tenant could also contact the local housing code enforcement agency

    • The tenant could notify the landlord in writing that failure to fix the problem in 14 days will lead the tenant to pursue other legal remedies.

In the state of Nebraska, the landlord cannot recover court and attorney fees though both parties may recover a reasonable amount in attorney fees in some circumstances.

The landlord must make a reasonable attempt to offset damages to the lessee, including any efforts of re-renting.

No statute guides abandonment or early termination fees

Notices and Entry

No notice is necessary for the termination of fixed-end-date leases but, 30-days’ written notice is required before the termination of monthly leases, and 7-days’ notice for termination of weekly leases.

No statutes stipulate the termination of tenancy with 24-hour notices or date and time of move-out inspections.

For tenancy termination as a result of nonpayment, a3-day written notice is ideal.

In case of lease violations, the landlord may give the tenant a written notice that describes the violation and also stating that the agreement will terminate in 30 days if the violation isn’t remedied.

A one-day notice is required before entry, and the landlord may enter at reasonable times only.

Entry is acceptable, with notice to the tenant’s unit for non-emergency repairs and maintenance

Entry is also allowable with notice for showings.

In case of emergency, entry is acceptable without notice.

Entry without notice is also acceptable during a tenant’s extended absence, longer than 7 days.

No statutes govern giving notice to tenants for pesticide use.

The rental lease agreement in Nebraska doesn’t allow lockouts or utility shutoffs,

Disclosures and Miscellaneous Notes

  • These are notes on

    • Copies of leases

    • Names and addresses

    • Domestic violence situations

    • Landlord’s duties

    • Tenant’s duties

    • Lead Exposure

    • Retaliation

Court Matters

The Nebraska Small Claims Court has set limits of up to $3,500, and no eviction cases are allowed

The Statute of Limitations accepts 5-year written contracts and 4-year written contracts

You can get help from Nebraska’s judicial branch, the bar association, the attorney general and Legal aid.

Business Licenses

There is no state-wide requirement for business licenses, but the regulations and the requirements could change at the city or the county level.

With all that information out of your way, how about filling one of our online Nebraska rental lease agreement forms now?

Sample

NE Rental Lease Agreement

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