The demand for short-term housing is stronger than ever. Whether a tenant is relocating for work or exploring a new neighborhood, a Nebraska month-to-month lease agreement offers landlords and their tenants a flexible way to rent without a long-term commitment.
For landlords, this type of lease agreement offers additional flexibility while also providing the structure and enforceable rights of a fixed-term lease. Read on to learn more about a Nebraska month-to-month lease agreement, also known as a tenancy at will.
Disclosures (2)
Federal and state laws require landlords to disclose certain information to their tenants before signing a residential lease agreement.
1. Lead-based paint: Federal law requires landlords to provide any known information about lead-based paint and its hazards in homes built before 1978. Landlords must also give their tenant a copy of the EPA’s lead safety pamphlet.
2. Landlord/agent identity: Nebraska law requires property owners to disclose the name and contact information of the landlord or the person responsible for managing the rental (Neb. Rev. Stat. § 76-1417).
Optional Disclosures and Addenda
Although landlords are not legally required to provide these disclosures, it’s a good idea to do so. Providing this information to their tenant helps keep everyone on the same page and prevents disputes.
Asbestos: Informs tenant of any asbestos present in the unit and gives tips to minimize exposure.
Bed bugs: Discloses of any known or suspected bed bug infestations in the unit or in adjacent units.
Late/returned check fees: Outlines the fees for late or returned rent checks. Nebraska has no laws governing late fees, so landlords may charge any reasonable amount that is clearly disclosed in the lease template. State law caps returned check fees at $15 per check, plus any court fees if necessary (Neb. Rev. Stat. § 45-918.01).
Medical marijuana use: Details the acceptable use of medical marijuana in the unit, including any restrictions or limitations.
Mold: Informs tenants of any known mold in the unit and provides information on treatment options. The mold disclosure also reminds tenants of their obligation to report any mold they find immediately.
Move-in checklist: Inventories the condition of the unit at move-in, including any existing damages or issues. Use this checklist at move-out to compare conditions and calculate deductions.
Non-refundable fees: Disclose any non-refundable fees that landlords charge during the tenancy at will.
Shared utilities: If the unit shares a utility meter with another unit or a common area, landlords should disclose how they divide and calculate utility costs.
Smoking: Explains the unit’s smoking policy, including any designated smoking areas that are on the property.
Notice to Terminate a Month-to-Month Agreement
Giving proper notice to terminate is one of the most important aspects of a Nebraska month-to-month lease agreement.
Required notice for tenant: Tenants must give a minimum of 30 days’ written notice to terminate a Nebraska month-to-month lease agreement (Neb. Rev. Stat. § 76-1437.2).
Required notice for the landlord: Nebraska landlords must also give a minimum of 30 days’ written notice to terminate the agreement (Neb. Rev. Stat. § 76-1437.2).
Laws Governing Rent Increases
One of the benefits of a month-to-month rental agreement is the flexibility to revisit the rent and other lease terms frequently; however, there are still laws landlords must follow.
Rent control does not exist in Nebraska, so landlords can raise the rent by any amount they deem justified. Typically, a rent increase is treated as a change in lease terms, which means landlords must give at least 30 days’ written notice before the rent increase takes effect.
Lease Violations and Eviction
Nebraska law outlines the steps landlords should take if their tenant violates a part of their lease.
Missed rent payment: If the tenant misses a rent payment, landlords may issue a 7-day Notice to Pay or Quit (Neb. Rev. Stat. § 76-1437.2).
Lease violation: For other lease violations, landlords may issue a 14- or 30- day Notice to Cure or Quit. Doing so gives the tenant 14 days to fix the issue; if it is not fixed within that time, the lease agreement terminates at the end of 30 days (Neb. Rev. Stat. § 76.1431.1).
Lease abandonment: Nebraska law requires tenants to notify their landlord if they will be away for more than 7 days. A tenant who is out of the unit for 30 days without giving notice is considered to have abandoned the lease. In these cases, landlords may take possession of the unit, and the tenant may have to pay back financial damages (Neb. Rev. Stat. § 76-1432).
Self-help evictions: In Nebraska, self-help evictions are illegal. Landlords should never attempt to remove a tenant on their own.
Rent Payment Laws
State laws also apply to the collection and payment of rent. Here’s what landlords need to know.
Rent control/stabilization: Rent control and stabilization laws do not exist in Nebraska.
Late rent fees: Nebraska law does not limit what landlords can charge for late rent; however, such fees should be reasonable and clearly outlined in the lease.
Grace period: Nebraska does not require landlords to extend a grace period to their tenants for late rent.
Tenant’s right to withhold rent: In Nebraska, if a landlord fails to supply an essential service, the tenant has the right to obtain the services themselves and deduct the cost from a future rent payment (Neb. Rev. Stat. § 76-1427.1a).
Pet rent laws: Nebraska allows landlords to charge up to 25% of 1 month’s rent as a pet deposit (Neb. Rev. Stat. § 76-1416.1).
Security Deposits
When landlords collect a security deposit from their tenant to cover potential future expenses, such as unpaid rent or excessive damages, they must comply with Nebraska law.
Maximum amount: Nebraska law allows landlords to charge 1 month’s rent as a security deposit (Neb. Rev. Stat. § 76-1416.1).
Deposit receipt: In Nebraska, landlords are not required to issue a receipt for a tenant’s security deposit payment.
Interest payments: Nebraska landlords are not required to pay tenants interest on their security deposits.
Security deposit return: Landlords must return their tenant’s security deposit, minus any deductions, within 14 days of lease termination (Neb. Rev. Stat. § 76-1416.2).
Deductions: Nebraska law allows landlords to deduct from the security deposit to cover unpaid rent or excessive damages. If landlords withhold any deductions, they must provide tenants with an itemized list of those deductions when they return the deposit balance within 14 days of lease termination (Neb. Rev. Stat. § 76-1416.2).
Property Access Laws
While landlords have the right to maintain their property, landlords must also respect their tenants’ privacy. Here’s how to strike the perfect balance.
Advance notice: Typically, Nebraska law requires landlords to provide their tenants with at least 24 hours’ written notice before entering the unit. Landlords should also only enter the unit at reasonable times (Neb. Rev. Stat. § 76-1423.3a-b).
Immediate access: In an emergency, landlords may enter the property without notice (Neb. Rev. Stat. § 76-1423.3).
Harassment: State law protects tenants from landlord harassment. One form of harassment is when landlords enter the unit repeatedly without just cause (Neb. Rev. Stat. § 76-14,105.2).
