Is it necessary to have a written lease or rental agreement in Nebraska?
A rental agreement may be written or verbal. If the rental agreement is in writing, it is referred to as a lease. A written agreement is recommended.
What about a signed move-in move-out inspection report?
A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.
Can the landlord charge a deposit?
A landlord is allowed to charge a security deposit which does not exceed 1 month’s rent, unless the landlord is allowing the tenant to keep a pet, in which case the security deposit can be 1 and 1/4 months’ rent.
In order to have the deposit returned at the end of the tenancy, the tenant must demand in writing that the landlord return the deposit, and setting out an address to where the funds should be sent. The landlord must return the deposit within 14 days after the request is received. The landlord can only make deductions from the security deposit if the tenant owes unpaid rent or has caused damage to the unit other than normal wear and tear. If the tenant has not cleaned the premises, the landlord may also deduct the costs of cleaning. If any deductions are being made from the deposit, the landlord must provide a written statement itemizing the deductions.
When is the landlord allowed to increase the rent?
If there is a written lease for a specified period of time, the landlord cannot raise the rent during the lease period. If the agreement is verbal or if the lease is month-to-month, the landlord can raise the rent by giving written notice to the tenant at least 30 days before the next rent payment is due.
How can a lease be terminated?
A written lease for a specified term is terminated when the lease expires. If the agreement is month-to-month or if there is no written lease, either party may terminate by giving the other party 30 days written notice.
When is the landlord permitted to enter the premises?
Except in an emergency when no notice is required, the landlord must give at least 24 hours notice before entering the premises. Entry must be at reasonable times. A landlord can only enter the premises to inspect it, make repairs or to show it to prospective tenants or buyers.
On what grounds can a landlord evict a tenant?
A landlord can file an eviction action in court against a tenant for nonpayment of rent or for a violation of the rental agreement. The tenant must first be given the proper notice and an opportunity to cure the default. If the tenant fails to do so, the landlord can proceed with the court action. If the tenant does not move, a constable or sheriff must remove the tenant and his or her belongings.
A landlord cannot lock a tenant out, remove their belongings or otherwise force a tenant to leave without first going to court and obtaining an order for eviction from the court. A landlord is also not allowed to retaliate against a tenant by eviction, cutting off services or raising the rent if the tenant makes a complaint to the landlord or to local or government authorities regarding unattended repairs or code violations by the landlord.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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