Nebraska Standard Residential Lease Agreement

Introduction

A Nebraska Standard Residential Lease Agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting residential property. This agreement governs the tenancy relationship, including rent payments, security deposits, maintenance responsibilities, and the rights and obligations of both parties. Nebraska residential leases are primarily governed by the Uniform Residential Landlord and Tenant Act (URLTA), codified in Nebraska Revised Statutes Sections 76-1401 through 76-1449. ^[11]

This guide provides comprehensive information about creating, executing, and managing residential lease agreements in Nebraska, including all legally required disclosures, security deposit regulations, and the rights and responsibilities of both landlords and tenants under state law.

Legal Framework

Nebraska's residential landlord-tenant relationships are governed by the Uniform Residential Landlord and Tenant Act (URLTA). This comprehensive statute establishes the rights, duties, and remedies for both landlords and tenants in residential rental arrangements. The Act applies to all residential rental agreements in Nebraska, with certain limited exceptions for institutional housing. ^{[11] [12]}

Applicability

The URLTA applies to rental agreements for dwelling units used as a residence by the tenant. The Act covers apartments, houses, condominiums, and other residential properties. Certain types of housing, such as residence at an institution (educational, correctional, or similar), occupancy by a member of a fraternal organization, or transient occupancy in a hotel or motel, may be excluded from coverage under the Act.

Required Disclosures

Nebraska law requires landlords to provide specific disclosures to tenants before or at the commencement of the tenancy. Failure to provide required disclosures may affect the landlord's rights and expose them to liability.

Landlord/manager Identification Disclosure

The landlord or any person authorized to enter into a rental agreement on their behalf must disclose to the tenant in writing, at or before the commencement of the tenancy, the name and address of: ^[2]

• The person authorized to manage the premises ^[2]
• An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for receiving and receipting for notices and demands ^[2]

This information must be kept current, and the disclosure requirement extends to and is enforceable against any successor landlord, owner, or manager. A person who fails to comply with this disclosure requirement becomes an agent of each person who is a landlord for the purpose of service of process, receiving notices and demands, and performing the landlord's obligations under the Act. ^[2]

Lead-Based Paint Disclosure

For residential properties built before 1978, federal law requires landlords to provide tenants with specific lead-based paint disclosures. Under 42 U.S.C. Section 4852d and implementing regulations in 40 CFR Part 745 and 24 CFR Part 35, landlords must: ^{[3] [4] [14]}

• Provide tenants with an EPA-approved lead hazard information pamphlet ('Protect Your Family From Lead in Your Home') ^[3]
• Disclose the presence of any known lead-based paint or lead-based paint hazards in the dwelling ^[3]
• Provide tenants with any available lead hazard evaluation reports ^[3]
• Include a Lead Warning Statement in the lease agreement ^[3]
• Obtain tenant acknowledgment of receipt of all disclosures ^[4]

Violations of federal lead-based paint disclosure requirements can result in civil penalties up to $10,000 per violation. Landlords who knowingly violate these requirements may also be liable to tenants for treble damages (three times the amount of damages incurred). ^[3]

Security Deposits

Nebraska law strictly regulates security deposits to protect tenants while allowing landlords reasonable protection against damages and unpaid rent. ^[1]

Maximum Amount

Under Nebraska Revised Statutes Section 76-1416(1), a landlord may not demand or receive a security deposit in an amount or value in excess of one month's periodic rent. This limitation applies regardless of how the deposit is denominated (security deposit, cleaning deposit, damage deposit, etc.). ^[1]

Pet Deposits

When appropriate, landlords may collect an additional pet deposit not exceeding one-quarter (1/4) of one month's periodic rent. This pet deposit is in addition to the regular security deposit, meaning the total deposits (security plus pet) cannot exceed one and one-quarter months' rent. ^[1]

Return of Security Deposit

Upon termination of the tenancy, the landlord must return the security deposit balance and a written itemization of any deductions within fourteen (14) days after the date of termination. The landlord may apply the deposit to: ^[1]

• Payment of unpaid rent ^[1]
• Damages suffered by reason of the tenant's noncompliance with the rental agreement ^[1]
• Damages for tenant's noncompliance with statutory tenant obligations under Section 76-1421 ^{[1] [6]}

If the tenant does not provide a mailing address or forwarding instructions, the landlord must mail the balance (if any) and written itemization to the tenant's last-known mailing address by first-class mail. If the mailing is returned as undeliverable, or if the returned balance remains outstanding for one year, it is considered abandoned property and must be reported and paid to the State Treasurer under the Uniform Disposition of Unclaimed Property Act. ^[1]

Penalties for Noncompliance

If the landlord fails to comply with the security deposit return requirements, the tenant may recover the property and money due, court costs, and reasonable attorney's fees. Additionally, if the landlord's failure is willful and not in good faith, the tenant may recover liquidated damages equal to one month's periodic rent or two times the amount of the security deposit, whichever is less. ^[1]

Rent Payment

Due Date and Grace Period

Nebraska law does not require landlords to provide a grace period for rent payments. Rent is due on the date specified in the lease agreement, and tenants who fail to pay rent on time may be subject to late fees as provided in the lease and eviction proceedings.

Late Fees

Nebraska does not impose a statutory maximum on late fees. However, late fees must be reasonable and specified in the lease agreement. Courts may refuse to enforce late fees that are deemed excessive or punitive rather than compensatory.

NSF (returned Check) Fees

Under Nebraska Revised Statutes Section 28-611(5), when a tenant's check is returned for insufficient funds, the landlord may charge a fee of up to ten dollars ($10) for the returned check. This statutory limit applies to the NSF fee specifically; the landlord may still pursue the underlying rent obligation. ^[10]

Accepted Payment Methods

The lease agreement should specify acceptable methods of rent payment, such as cash, check, money order, or electronic payment. Landlords may require payment in a particular form as long as this requirement is clearly stated in the lease agreement.

Landlord Obligations

Nebraska Revised Statutes Section 76-1419 establishes the landlord's duties to maintain fit premises. After receiving written or actual notice of a condition requiring repair, the landlord must: ^[5]

• Substantially comply with applicable minimum housing codes materially affecting health and safety ^[5]
• Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition ^[5]
• Keep all common areas of the premises in a clean and safe condition ^[5]
• Maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators ^[5]
• Provide and maintain appropriate receptacles for removal of ashes, garbage, rubbish, and other waste and arrange for their removal ^[5]
• Supply running water and reasonable amounts of hot water at all times, and reasonable heat (except where heat is under exclusive control of the tenant or supplied by direct utility connection) ^[5]

Repair Timeline

After receiving proper notice of a condition requiring repair, the landlord generally has 14 days to address the issue. However, emergency conditions affecting health and safety may require more immediate action.

Tenant-Performed Repairs

Landlords and tenants may agree in writing that the tenant will perform specified repairs, maintenance tasks, or other work on the premises. Such agreements are only enforceable if they are: (1) in writing; (2) supported by adequate consideration; (3) entered into in good faith; and (4) not for the purpose of evading the landlord's obligations under the Act. ^[5]

Tenant Obligations

Under Nebraska Revised Statutes Section 76-1421, tenants have specific obligations to maintain the rental premises: ^[6]

• Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety ^[6]
• Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permits ^[6]
• Dispose of all ashes, garbage, rubbish, and other waste from the dwelling unit in a clean and safe manner ^[6]
• Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits ^[6]
• Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances ^[6]
• Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so ^[6]
• Conduct themselves and require other persons on the premises with their consent to conduct themselves in a manner that will not disturb neighbors' peaceful enjoyment of the premises ^[6]

Rules and Regulations

Under Nebraska Revised Statutes Section 76-1422, landlords may adopt rules or regulations concerning the tenant's use and occupancy of the premises. Such rules are enforceable against the tenant only if they: ^[13]

• Promote the convenience, safety, or welfare of the tenants in the premises ^[13]
• Preserve the landlord's property from abusive use ^[13]
• Make a fair distribution of services and facilities among tenants ^[13]
• Are reasonably related to the purpose for which they are adopted ^[13]
• Apply to all tenants in the premises in a fair manner ^[13]
• Are sufficiently explicit to fairly inform the tenant of what must or must not be done ^[13]
• Are not for the purpose of evading the obligations of the landlord ^[13]
• Were disclosed to the tenant at the time of entering the rental agreement ^[13]

Rules adopted after the tenant enters into the rental agreement are enforceable if reasonable notice is given to the tenant and the rule does not substantially modify the tenant's bargain. ^[13]

Landlord Access to Premises

Nebraska Revised Statutes Section 76-1423 governs the landlord's right to access the rental property: ^[7]

Notice Requirements

Except in cases of emergency or when it is impracticable to do so, the landlord must give the tenant at least twenty-four (24) hours' written notice before entering the dwelling unit. The notice must be provided to each individual unit and must include: ^[7]

• The intended purpose for entry ^[7]
• A reasonable period during which the landlord anticipates making entry ^[7]

Permissible Purposes for Entry

A tenant shall not unreasonably withhold consent for the landlord to enter the dwelling unit for the following purposes: ^[7]

• To inspect the premises ^[7]
• To make necessary or agreed repairs, decorations, alterations, or improvements ^[7]
• To supply necessary or agreed services ^[7]
• To exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors ^[7]

Emergency Access

The landlord may enter the dwelling unit without consent of the tenant in case of emergency. The landlord has no other right of access except by court order, as permitted by law, or if the tenant has abandoned or surrendered the premises. The landlord shall not abuse the right of access or use it to harass the tenant. ^[7]

Termination and Eviction

Nebraska law provides specific procedures for terminating tenancies and evicting tenants. The type of notice required depends on the reason for termination. ^{[8] [9]}

Nonpayment of Rent

Under Nebraska Revised Statutes Section 76-1431, if a tenant fails to pay rent when due, the landlord may deliver a written notice to the tenant specifying: ^[8]

• The amount of unpaid rent required to remedy the breach ^[8]
• That the rental agreement will terminate if the rent is not paid within seven (7) calendar days after receipt of the notice ^[8]

If the tenant pays the full rent due (including any late fees) within the seven-day period, the landlord must accept the payment and the rental agreement does not terminate. If the tenant fails to pay within seven days, the landlord may proceed with eviction. ^[8]

Material Noncompliance With Lease

Under Nebraska Revised Statutes Section 76-1432, if the tenant materially fails to comply with the rental agreement or tenant obligations under the Act, the landlord may deliver a written notice specifying: ^[9]

• The specific acts and omissions constituting the breach ^[9]
• That the tenant has fourteen (14) days to remedy the breach ^[9]
• That the rental agreement will terminate thirty (30) days after receipt of the notice if the breach is not remedied within fourteen days ^[9]

If the breach is remediable and the tenant adequately remedies the breach within 14 days, the rental agreement will not terminate. However, if the same breach recurs within six months after the first notice, the landlord may terminate the rental agreement upon 14 days' written notice without providing an opportunity to cure. ^[9]

Criminal Activity and Serious Violations

For violent criminal activity, illegal drug activity, or conditions creating an immediate threat to health or safety, the landlord may provide a 5-day notice to quit with no right to cure. This allows landlords to quickly address serious violations that endanger other tenants or the property. ^{[8] [9]}

Key Lease Terms to Include

A comprehensive Nebraska residential lease agreement should include the following provisions:

Names and addresses of all parties (landlord, tenant, property manager)

Complete property address and description

Lease term (start date, end date, renewal provisions)

Rent amount, due date, and acceptable payment methods

Security deposit amount and terms

Pet policy and pet deposit (if applicable)

Late fee provisions

Utility responsibilities

Maintenance and repair responsibilities

Rules regarding alterations to the property

Guest policies

Quiet enjoyment provisions

Termination and renewal procedures

Required disclosures (lead paint, manager identification)