Nebraska Rental Agreement

A Nebraska rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. Nebraska landlord-tenant law governs these agreements; rental terms must be within the limits allowed by law.

Nebraska Rental Agreement Types

A Nebraska residential lease agreement (“rental agreement”) is a legal contract for a tenant to rent a residential property from a landlord, subject to terms and conditions agreed by all parties.

A Nebraska month-to-month lease agreement is a contract (not necessarily written) where a tenant rents property from a landlord. The full rental term is one month, renewable on a month-to-month basis.

Nebraska landlords may use a rental application form to screen prospective tenants. A rental application collects information relating to finances, rental history, and past evictions.

A Nebraska sublease agreement is a legal contract where a tenant ("sublessor") rents (“subleases”) property to a new tenant (“sublessee”), usually with the landlord’s permission.

A Nebraska roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.

A Nebraska commercial lease agreement is a legal contract arranging the rental of commercial space between a landlord and a business.

Nebraska Required Residential Lease Disclosures

• Landlord’s Name and Address(required for all leases) – Nebraska leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice.
• Lead Based Paint Disclosures(required for some leases) – For any property built before 1978, federal law requires that a Nebraska residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.

To learn more about required disclosures in Nebraska, click here.

Some Nebraska cities, like Omaha, may require additional disclosures. Local laws apply in addition to state laws.

Nebraska Landlord Tenant Laws

• Warranty of Habitability – Nebraska landlords can only rent out habitable property, which means providing certain features essential to basic health and safety. This includes things like heat, plumbing, electricity, and sound structural elements. Landlords must repair any issues within 14 days after proper notice from the tenant. Failure to repair lets a tenant sue the landlord or terminate the lease. Tenants in Nebraska usually aren’t allowed to repair and deduct, or withhold rent.
• Evictions – Nebraska landlords may evict for rent default, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice to pay, comply, or quit, depending on the eviction type. This means most evictions in Nebraska take between a little over a week to a little over a month.
• Security Deposits – Nebraska does not normally allow a security deposit of more than 1 month’s rent. Upon lease termination, any unused portion of a security deposit must be returned to the tenant within 14 days.
• Lease Termination – Nebraska lets month-to-month tenants terminate a lease with 30 days of advance notice. A fixed-term lease can’t be terminated early without active military duty, landlord harassment, uninhabitable property, or domestic abuse.
• Rent Increases and Fees – Nebraska does not set a maximum cap on rent increases, or require advance notice from the landlord before an increase. Late fees are capped at a maximum of $5, and returned check fees cannot exceed $10 plus bank charges.
• Landlord Entry – Nebraska landlords may enter rental property for purposes reasonably related to the tenancy, like maintenance, inspections, and property showings. They must provide at least 24 hours of advance notice before entering, unless it’s an emergency situation.
• Settling Legal Disputes – Nebraska small claims courts are more limited than other states when deciding landlord-tenant issues. They cannot decide eviction cases or any cases where the amount in controversy exceeds $3,500. The statute of limitations for contracts like leases is 5 years in Nebraska (4 years, for oral contracts).

To learn more about landlord tenant laws in Nebraska, click here.