A Nebraska lease agreement is your rental blueprint. Whether you are leasing your Lincoln townhome or a farmhouse in Omaha, the right lease agreement will set the stage early on, laying out expectations clearly and keeping your investment safe.
Disclosures (2)
State law requires certain disclosures before the signing of any Nebraska lease agreement. These details help protect both the landlord and the tenant, ensuring everyone is aware of the essentials.
- Lead-based paint: Federal law requires landlords to disclose any known information about lead-based paint and its hazards for most homes built before 1978.
- Landlord/agent identity: Nebraska landlords are required to disclose the name and address of the landlord or the person responsible for managing the property (NRS § 76-1417).
Optional Disclosures and Addenda
State law does not require these optional disclosures, but adding them can help prevent disputes down the road. From a smoking policy to late fees, the details always matter.
Asbestos: Informs tenants of any asbestos-related hazards in the unit, as well as suggestions and strategies to minimize exposure.
Bed bugs: Informs tenants of any known or suspected bed bug infestations in the unit or adjoining units.
Late/returned check fees: Outlines late or returned check fees regarding the lease. Nebraska law does not limit the amount that landlords can charge as a late fee, but it must be reasonable and clearly outlined in the lease. Nebraska caps returned check fees at $15 per check, plus court costs and expenses as necessary (NRS § 45-918.01).
Medical marijuana use: Specifies the policy for the use of medical marijuana in the unit, including any property-wide limitations or restrictions.
Mold disclosure: Informs tenants of any known or suspected mold issues in the unit, as well as mitigation options.
Move-in checklist: Outlines the condition of the unit at move-in, including any existing damages. Landlords can use this list at move-out to determine any deductions to withhold.
Non-refundable fees: If a landlord charges any non-refundable fees, they must disclose them in the lease, and the tenant must agree to them.
Shared utilities arrangement: Outlines how landlords will divide the cost of utilities among tenants, if any of the units share a utility meter.
Smoking: Details the smoking policy in the unit, including any designated smoking areas on the property that will not disturb other tenants.
Consequences of Not Including Mandatory Disclosures
Failure to include mandatory disclosures with a Nebraska lease agreement can open the door to trouble for a landlord, from tenant claims to legal consequences. Managing expectations upfront helps prevent trouble later.
Security Deposit Regulations in Nebraska
Nebraska law sets rules and limits regarding security deposits. From how much you can charge to where you can store funds, here’s what you need to know about security deposit regulations in the Cornhusker State.
Maximum amount: Nebraska landlords are allowed to charge up to 1 month’s rent as a security deposit. Additionally, if applicable, they can charge 25 percent of 1 month’s rent as a pet deposit (NRS § 76-1416.1).
Deposit receipt: State law does not require landlords to provide tenants with a receipt for their security deposit.
Security deposit return: Nebraska landlords must return the tenant’s security deposit, minus any deductions, within 14 days of the lease termination (NRS § 76-1416.2).
Deductions: Landlords are permitted to deduct from a tenant’s security deposit the cost of damages or unpaid rent. The landlord must outline these deductions and present the itemized list to the tenant with the balance of their security deposit (NRS § 76-1416.2).
Rent Payment Regulations
Nebraska allows landlords flexibility in setting their rent terms, but they still have to follow specific laws. Before you enforce any payments, make sure you know the rules.
Rent control/stabilization: Rent control and rent stabilization laws do not exist in Nebraska.
Late rent fees: Nebraska laws do not dictate late rent fees. Landlords may charge a reasonable amount, as long as it is clearly outlined and agreed to in the Nebraska lease agreement.
Grace period: Nebraska landlords are not required to offer their tenants a grace period for late rent payments.
Tenant’s right to withhold rent: If a landlord fails to provide an essential service, such as heat or water, tenants may facilitate the repairs themselves and deduct the cost from a future rent payment (NRS § 76-1427.1a).
Violations
Rental agreement violations can occur to anyone, but state law guides how landlords should respond. Stick to the process to protect your property and avoid disputes.
Lease violation: If a tenant violates any part of their Nebraska lease agreement, the landlord may issue a 14- or 30-day Notice to Cure or Quit, allowing the tenant 14 days to cure the violation. If they do not, the lease terminates at the 30-day mark (NRS § 76.1431.1).
Missed rent payment: If a tenant misses their rent payment, the landlord can issue a 7-day Notice to Pay or Quit (NRS § 76-1437.2).
Lease abandonment: In Nebraska, tenants must notify their landlord if they will be gone for more than 7 days. If a tenant is absent for a whole rental period, the landlord has the right to regain possession of the unit. The tenant can be held liable for financial damages, including missed rent payments and the cost to re-rent the unit (NRS § 76-1432).
Self-help evictions: In Nebraska, self-help evictions are illegal. A landlord should never attempt to remove tenants on their own and should always go through the proper legal channels.
Terminating a Lease
When it’s time to end a lease, Nebraska requires proper notice. Whether the termination is initiated by the tenant or the landlord, following the rules helps keep the process smooth.
Standard lease: Nebraska tenants can legally terminate a lease early if they meet a qualifying condition, such as a landlord’s failure to maintain the property, domestic violence, landlord harassment, or the landlord’s breach of the lease agreement (NRS § 76-1431.01, NRS § 76-1438, NRS § 76-1419, NRS § 76-1425).
Month-to-month: In Nebraska, either the tenant or the landlord can terminate a month-to-month agreement by providing 30 days’ notice to the other party (NRS § 76-1437.2).
Property abandonment: Nebraska landlords must provide tenants with a date by which they must claim abandoned property and where to pick it up within 6 months of lease termination. Landlords can store the property at a location of their choice. After this time passes, the landlord may sell the items if the value is less than $2,000; if more, it must go to public sale, and the proceeds belong to the State Treasurer (NRS § 69-2303, NRS § 69-2306, NRS § 69-2308).
Renewing a Lease
Renewing a Nebraska lease agreement can be straightforward, but landlords should always confirm the terms in writing. Clear and effective communication helps you retain tenants and avoid confusion.
Notice requirements: Nebraska landlords are required to provide tenants with 7 days’ notice when terminating a week-to-week rental agreement and 30 days’ notice when terminating a month-to-month contract (NRS § 76-1437).
Renewals: In Nebraska, landlords do not have to renew a lease at the end of its term, but they must give tenants proper notice.
Landlord’s Access to Property
In Nebraska, landlords cannot simply walk into their rental properties for routine maintenance or repairs. State law requires notice before entry in most cases. Respecting this boundary helps build trust while ensuring compliance.
Immediate access: In the event of an emergency, landlords are granted immediate access to their property and can enter without giving notice (NRS § 76-1423.3).
Notice requirements: Generally, state law requires landlords to provide tenants with at least 24 hours’ written notice before entering the unit. Additionally, they should only enter at reasonable times (NRS § 76-1423.3a-b).
Harassment: Nebraska law protects tenants from landlord harassment, which can consist of a landlord repeatedly entering without notice or just cause. Tenants facing harassment can obtain a court order to sue their landlord and terminate their lease early (NRS § 76-14,105.2).
