Most Commonly Used Nebraska Lease Agreement
The most commonly used Nebraska lease agreements include a standard residential lease agreement, a month-to-month lease agreement, a lease to own agreement, a sublease, a roommate agreement, and a commercial lease agreement.
The most commonly used Nebraska lease agreements share many of the same elements. They also have some distinct differences.
- A roommate agreement may outline which areas are for exclusive use of the roommate and which areas are considered communal space for the use of all occupants.
- A standard residential lease agreement may be for a year, and upon termination of that year, switch to a month-to-month or automatically renew. However, it may also be similar to a month-to-month lease in some ways. For instance, both may require a 30 day written notice to move out at the end of the agreement if the tenant and landlord do not plan to renew their agreement.
How to Write a Nebraska Lease Agreement
A Nebraska lease agreement must adhere to Nebraska law or they are unenforceable. There are a lot many different laws that you must consider. You will learn more about many of them under the sections related to disclosures and security deposits.
Before you sign a Nebraska lease agreement, make sure that you read the terms. You also have the right to have an attorney review the Nebraska lease agreement before you sign it.
A sample of Nebraska lease agreement needs are:
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Names of the Parties - This is the landlord's full name or the property management company's legal business name, and the legal name of the tenant(s).
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Property Address - This is the street address for the rental property, including the city, zip code, and, if applicable, the lot or unit number.
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Term Information - This is the type of lease agreement the parties agree to enter into. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the parties agree that the tenant will hold possession of the space for a certain amount of time, usually one year. If it is a fixed lease, this section should include the date that the lease will end.
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Rental Amount - This section includes the date that the lease will begin, the amount of the monthly rent, the day of the month that rent is due, and the address where the rent may be paid.
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Late Fee - This section documents the amount of the fee that is due if the rent is not paid by a certain date.
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Security Deposit - This is the amount of money that must be paid in advance of the tenant taking control of the property. A security deposit is used to repair damages caused by the tenant.
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Initial Payment - This is the total amount of money that the tenant must pay to move into the rental property or unit. This should include the amount of the first month's rent, the security deposit, and the total of the two numbers added together.
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Occupants - This section includes the full name of each tenant even if they are a minor or are not signing the lease. This part of a Nebraska residential lease agreement establishes who will reside in the residential unit. For commercial space leases, it designates those who have permission to use the space. If the presence of additional occupants changes the price of the rent, it should be included in this section.
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Utilities - This section explains which utilities or services a tenant does not pay.
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Parking - This section informs the tenant if they will receive a parking space. If a parking space is reserved and there is a designated spot, the spot should be listed in this section.
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Furnishings - This section tells tenants what they are allowed to install (such as a washing machine or dishwasher) or what they may not install. If the tenant is not allowed to bring their own appliances, that should be designated in this section.
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Notices - This section documents the names of the landlord or property manager and tenant along with their mailing address. This contact information is used if the parties need to send out a notice to the other party.
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Eviction - This informs tenants how eviction would be carried out in the event of nonpayment or breach of other lease terms.
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Additional Terms - This section lists any other terms that the parties agreed to that haven't been included in any other section of the lease agreement.
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Signature and Date - The document should be signed and dated by all parties.
Which Disclosure Belong in a Nebraska Lease Agreement?
The landlord must disclose the identity of anyone allowed to enter the premises on their behalf. These individuals are usually referred to as an authorized agent. The landlord must also provide an address where they may receive legal notices. The landlord and any agent must also give the tenant at least 24 hours’ notice before they enter the property for a non-emergency reason.
If the residential unit was built before 1978, federal law states you must provide a lead paint disclosure.
What You Need to Know About Nebraska Lease Agreement Deposits
Under state law, Nebraska lease agreements may not request more than one month's rent as a security deposit. For pet deposits, the landlord may not ask for more than an additional 25% of rent. The security deposit must be returned to the tenant within 14 days of moving out.
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