A residential lease agreement in Omaha is a binding document between a landlord and a tenant. This agreement outlines the terms and conditions surrounding the use of a rental property in exchange for payment.
Residential Lease Agreement Requirements in Omaha
Omaha has no city-specific residential lease agreement requirements or disclosures. As such, landlords and tenants in Omaha follow Nebraska requirements for lease agreements.
Landlord-Tenant Rights and Regulations in Omaha
When it comes to landlord-tenant laws, Omaha landlords should be aware of the following:
Registration of Rental Property
In April 2019, Omaha City Council passed an ordinance requiring all property owners to register their rental properties. Additionally, all rental properties must undergo an inspection. These inspection requirements vary depending on the property’s code violation history:
- Annual inspections – properties with previous code violations that were not remedied within the given time period
- Inspections every 10 years – properties with no history of code violations
Tenant-Based Rental Assistance
Operated by the Omaha Housing Authority, the city’s Tenant-Based Rental Assistance program provides up to 24 months of rental assistance to eligible tenants. Eligibility requirements include:
- Tenants that have completed a transitional housing program for the homeless
- Households that include a person with a disability
All applicants must be referred to OHA by an existing transitional housing or support service program that will verify their involvement with the household and confirm the status of the household (i.e., homeless or disabled).
Lead Hazard Control Program
The goal of Omaha’s Lead Hazard Control Program is to protect children under six from lead poisoning by resolving any lead-based paint hazards within the home. Tenants or homeowners must meet all eligibility requirements to be considered.
Rental Rehabilitation Program
Omaha’s Rental Rehabilitation Program helps assist property owners with making necessary repairs to their property. The rehabilitated property must be rented to low or moderate income tenants, and property owners must meet all eligibility requirements.
Optional Lease Agreement Disclosures and Addendums in Omaha
While not mandatory, landlords can add specific disclosures and addendums to their leases. This helps outline the responsibilities of the tenant and can prevent future liability issues.
Parking Rules Addendum
Since Omaha is primarily a driving city, landlords may want to include a parking addendum to clearly outline the building’s parking policy. This should include information on assigned parking spots, street parking rules, and any prohibited uses of the parking space.
Crime and Drug-Free Addendum
Due to the high crime rate in Omaha, landlords may want to include an addendum stating that engaging in criminal activity, including drug-related activity, is prohibited on or near the property.
Mold Addendum
Due to the humid climate in Omaha, landlords may want to include a mold addendum. This will prevent landlords from being liable for future mold-related damage.
Summary of Required Lease Disclosures for the State of Nebraska
- Landlord’s Name and Address – Nebraska leases must contain the name and address of the landlord or authorized agent.
- Lead-Based Paint – It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints.
Sources
- 1 Omaha Municipal Code Sec. 48-204
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It shall be unlawful for any person to offer for lease, lease, or continue to lease a rental dwelling to any other person unless the rental property containing the rental dwelling has been registered as such under this article with the permits and inspections division.
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