The Nebraska sublease agreement is a binding contract that allows an existing tenant (“sublessor”) to rent (“sublease”) rental property to a new tenant (“subtenant”) in exchange for regular, periodic payments. The initial tenant must have permission from the landlord to begin subletting the property.
These can be useful arrangements because the sublease will allow the original tenant to leave for a semester break, go on an extended trip, or find new housing without breaking a binding fixed-term lease. The subtenant also gains an advantage because these subleases can lead to full-term, fixed-term leases or they can serve as convenient temporary housing in areas with scarce availability.
Subletting Laws in Nebraska
One of the most important aspects of subleasing in Nebraska to know is that the state of Nebraska neither permits nor forbids the practice. This means that the actual fixed-term lease agreement is very important because it states the stance of the landlord in regard to taking on subtenants. For this reason, studying the lease before seeking a sublease is critical, and even if the lease does not expressly forbid subleasing, it’s still a good idea to seek out written approval from a landlord before starting up one of these arrangements.
A letter to a landlord proposing a sublease agreement should include the name of the subtenant, the proposed term of the sublease, the reason for the sublease, a copy of the sublease agreement, and the forwarding addresses for both subtenant and sublessor. A tenant seeking consent should send the letter first-class or certified so that he or she can verify receipt, and after a month has elapsed, approval can be inferred.
What to Include in a Nebraska Sublease Agreement
- The name of the sublessor, his or her mailing address, the name of the subtenant, and his or her mailing address.
- The period of time that the sublease will be active – this term can vary if it’s just a temporary sublease or one that will last till the end of the original lease.
- The utilities so that the subtenant will know which he or she is responsible for and which he or she is not.
- The rent value that’s payable by the subtenant each month.
- A liability section for the subtenant.
- The amount of the security deposit for the sublease and when the security deposit will be returned to the subtenant. It should be noted that if damage occurs during the occupancy, the security deposit will be used to recoup these damages.
- Disclosures for the property.
- A section for the landlord to indicate his or her consent via signature.
- The signed names of the involved parties, their printed legal names, and the date of the document signing.
- A copy of the original lease.