A Nebraska lease agreement is a contract that regulates the rights and obligations between the landlord and the tenant. The main purpose of the lease agreement is to protect the landlord’s rights to claim the rent and the tenant’s right to live in the leased unit without being disturbed.
Having a lease agreement is important because:
Reasons to Use a Lease Agreement
Both parties will know their rights and duties.
It provides the house rules for using the leased unit.
Any disputes that appear will be resolved much faster.
It will protect the interests and limit the liabilities of both parties.
Depending on the duration of your lease, you can choose to use the fixed-term lease agreement that is suitable for leases longer than a year. However, if your lease is shorter than this period, you might want to use the month-to-month rental agreement.
Nebraska Lease Agreement Required Disclosures
To prevent legal liability and avoid paying the non-disclosure penalties, you should include the following mandatory disclosures provided by federal and state laws and regulations:
Lead-based paint disclosure. The landlord must inform the tenant about any lead-based paint hazards at the leased property. This disclosure is mandatory for any leased property built before 1978. (42 U.S. Code § 4852d)
Name and address disclosure. The person signing the lease agreement on behalf of the landlord must disclose the name and addresses of the following people:
The person managing the property
Owner of the property or the person authorized to act on their behalf
This information shall be disclosed to the tenant for the purpose of receiving notifications and requests and shall be properly updated. (§ 76-1417)
Nebraska Lease Agreement Optional Disclosures
To prevent any potential disputes and secure their rights and interests, the landlord and the tenant often choose to include a few extra disclosures in their lease agreement, such as:
Asbestos disclosure. This disclosure shall be included for every leased property built before 1981 or if there is a known presence of asbestos in the construction. The landlord shall provide guidelines to the tenant on how to use the leased property without disturbing the asbestos fibers.
Bed bug disclosure. If there is a history of bed bug infestation at the property, the tenant shall be informed. This disclosure can also include a pamphlet on bed bugs with guidelines on measures to take in case of a bed bug infestation.
Move-in checklist. This checklist shall be included in the lease agreement if the landlord requires a security deposit. It will contain a list of all the items at the property as well as the overall condition of the property. This will make the move-out procedure much easier and prevent any potential disputes about the damages done to the property.
Consequences of Non-Disclosure
If the landlord fails to inform the tenant about the lead-based paint hazard at the leased property, they can be penalized up to $19,507, according to federal law.
Besides this, the tenant can also file a civil lawsuit against the landlord for any damages caused by the health and safety hazards not properly disclosed in the lease agreement.
Nebraska Lease Agreement Security Deposits
Security Deposit Maximum
The maximum security deposit in Nebraska cannot exceed one month’s rent. The landlord can require an additional pet deposit, which can be no more than a quarter of one month’s rent. (§ 76-1416)
Security Deposit Return
The landlord must return the security deposit no later than 14 days after the lease is over. If any deductions had to be made from the security deposit, the landlord must provide an itemized list of all deductions made and mail it to the tenant. (§ 76-1416)
When is Rent Due in Nebraska? (Grace Period)
The rent is due on the agreed-upon date by both parties and entered into the lease agreement. If such a date is not provided by the parties, it should be at the beginning of each month. (§ 76-1414)
There is no state regulation that provides a grace period from the rent due date. If the rent is not paid past the due date, the landlord can start charging the late fee. The landlord can also start the eviction process after issuing a 7-day notice to pay or quit. (§ 76-1431(2))
Nebraska Rent Late Fees
Nebraska statutes don’t set the maximum late fee. However, any late fee that the landlord wants to charge needs to be stipulated in the lease agreement.
Nebraska NSF Checks
The landlord shall be compensated for any bad check they receive from the tenant for the rent payment.
The compensation shall include the value of the check as well as a handling fee of $10. (§ 28-611)
Nebraska Landlord’s Right to Enter
The landlord can enter the leased unit only after giving a minimal 24-hour notice to the tenant and only at reasonable times. The state law doesn’t further provide the reasonable time, but in practice, it is considered a period between 9 a.m. and 8 p.m.
In case of an emergency, the landlord can enter without notice and at any time. (§ 76-1423)
Nebraska Lease Agreement FAQ
Yes, once both the landlord and the tenant sign the lease agreement, it is legally binding for both parties.
The Nebraska lease agreement shall include the following:
Names of the contractual parties
Details about the leased property
Duration of the lease
Rent amount, due date, and method of payment
Notification about the late fees (optional)
Security deposit amount
Mandatory disclosures provided by law
Optional disclosures provided by contractual parties
Lease agreement termination rules
Date and place of the contract signature
Signatures of the contractual parties
The best way to get the lease agreement valid in Nebraska is to download one of the templates available on our website.
Simply choose the template according to the lease duration and type, enter your details, and you have a lease agreement ready to be signed.
After you have created the lease agreement, you should:
Do the property inspection
Make sure there is no additional repairing or cleaning that needs to be done
Sign the move-in form
Pay the rent and security deposit (if you are the tenant)
Hand over the keys (if you are the landlord)