Apartment Lease Law in Nebraska

Earn money renting apartments in Nebraska.

Before residents rent an apartment in Nebraska, they should familiarize themselves with the state's lease laws. Current renters can also learn about their rights and understand protections that are offered to them under the laws. Nebraska apartment lease laws are designed to protect renters and landlords, encourage safety and lower court appearances for both parties.

Lease Agreements

Article 14 of the Nebraska Code of Laws, the Uniform Residential Landlord Tenant Act, lists apartment lease laws in Nebraska. According to the act, conditions and agreements made in leases are not to counter rules set forth in the Landlord Tenant Act. If a written lease does not exist between a tenant and a landlord, rent is set at the fair market rental value for the unit. Additionally, in the absence of a written lease, units are rented week to week to roomers -- persons renting out a room in a house -- and month to month to all other tenants, such as apartment dwellers.

Security Deposit

Security deposits are equal to the amount of one month's rent unless a renter has a pet staying with them in the unit. Tenants with pets pay a security deposit equal to one month rent plus an additional one-fourth of a month's rent. After tenants move out, landlords can use security deposit money to repair damages that the tenant or a guest of the tenant made to the property. If there are no damages to the unit or damages do not equal the full amount of the security deposit, landlords must return the remaining security deposit money to the tenant within 14 days of the tenant vacating the premises.

Safety Guidelines

Rental units must meet minimum housing health and safety codes. Landlords are responsible for repairing damages caused to the property that are not the fault of the tenant. Heat, electricity, water, plumbing, appliances and elevators must operate effectively. Nebraska apartment lease laws require landlords to keep common areas outside rental units clean and safe. Outdoor areas should also contain garbage bins for tenants to store trash or waste items in. Similarly, tenants are required to keep rental units sanitary and in good working condition. They and their guests should conduct themselves in a fashion that does not disturb their neighbors. For example, tenants and their guests should not play their stereos or televisions so loudly that the noise disturbs neighbors.

Eviction Notices

Tenants can recover lost money and damages caused by a landlord locking them out of their rental unit or evicting them absent a court order. Additionally, if a tenant does not pay his rent or deliberately damages the property, the landlord should issue the tenant a written notice telling them that eviction process will start within 30 days if the tenant does not pay rent or repair the damages. Should courts find the tenant at fault, the tenant is responsible for the landlord's court costs and attorney's fees.

Fire and Casualty

Tenants are permitted to vacate rental units that are damaged due to fire or casualty. They must give their landlord a 14-day notice before they move out. If the tenant decides to continue to live at the rental unit, the landlord must reduce the rent to fair market value considering the damages caused to the unit.

References

• Nebraska Real Estate Commission: Landlord and Tenant