Nebraska Lease Agreement Create a Nebraska Lease Agreement

Nebraska Lease Agreement

Published Dec 07, 2025
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A Nebraska Lease Agreement is a legal document that records the rental arrangement between a landlord and tenant, specifying the terms, responsibilities, and conditions for leasing property in the state.

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NEBRASKA LEASE AGREEMENT

I. THE PARTIES

This Residential Lease Agreement ("Agreement") is entered into on , by and between:

Landlord:
Name:
Mailing Address:
("Landlord")

AND

Tenant(s):
Name:
("Tenant")

II. THE PROPERTY

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the following property (the "Premises"):

Property Address:

Residence Type:

III. TERM OF LEASE

The term of this Agreement shall be (check one):

IV. RENT

The Tenant agrees to pay the Landlord rent in the amount of $ per month.

The rent is due on the day of each month.

Rent shall be paid by the following method(s):

Rent payments shall be sent to the following address (if different from Landlord's address above):

V. SECURITY DEPOSIT

The Tenant shall pay a security deposit in the amount of $ upon the execution of this Agreement.

Statutory Limit: Pursuant to Nebraska Revised Statutes § 76-1416, the security deposit shall not exceed one (1) month's periodic rent, unless the Tenant has a pet, in which case the deposit may not exceed one and one-quarter (1.25) months' periodic rent.

Return of Deposit: In accordance with Nebraska Revised Statutes § 76-1416, the Landlord shall return the balance of the security deposit, along with a written itemization of any deductions, within fourteen (14) days after the date of termination of the tenancy, delivery of possession, and demand by the Tenant.

VI. LATE CHARGES AND RETURNED CHECKS

If rent is not paid by the day of the month, the Tenant shall pay a late fee of $.

If any check provided by the Tenant is returned for insufficient funds, the Tenant shall pay a returned check fee of $, in addition to any late fees accrued.

VII. UTILITIES AND SERVICES

The parties agree that utilities and services shall be the responsibility of the following parties:

Electricity:

Gas/Heat:

Water:

Sewer:

Trash Removal:

Cable/Internet:

Snow Removal:

Lawn Care:

VIII. OCCUPANTS

The Premises shall be occupied only by the Tenant and the following individuals:

Guests staying for more than days without the Landlord's written consent shall be considered a breach of this Agreement.

IX. PETS

X. RIGHT OF ENTRY

Pursuant to Nebraska Revised Statutes § 76-1423, the Landlord may enter the Premises to inspect the Premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

Except in case of emergency or if it is impracticable to do so, the Landlord shall give the Tenant at least one (1) day's notice (24 hours) of the intent to enter and enter only at reasonable times.

XI. MAINTENANCE AND REPAIRS

The Tenant shall keep the Premises in a clean and safe condition and shall notify the Landlord immediately of any damage or necessary repairs. The Tenant is responsible for any damage caused by the Tenant's negligence or misuse.

The Landlord shall maintain the Premises in a fit and habitable condition in accordance with Nebraska Revised Statutes § 76-1419, including maintaining electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities in good and safe working order.

XII. DEFAULT AND TERMINATION

Non-Payment of Rent: Pursuant to Nebraska Revised Statutes § 76-1431(2), if rent is unpaid when due and the Tenant fails to pay rent within seven (7) days after written notice by the Landlord of nonpayment and the Landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the Landlord may terminate the rental agreement.

Non-Compliance: Pursuant to Nebraska Revised Statutes § 76-1431(1), if there is a material noncompliance by the Tenant with the rental agreement or a noncompliance with the landlord-tenant act materially affecting health and safety, the Landlord may deliver a written notice to the Tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice. If the breach is remediable by repairs or the payment of damages or otherwise and the Tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement shall not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord may terminate the rental agreement upon at least fourteen (14) days' written notice specifying the breach and the date of termination of the rental agreement.

XIII. DISCLOSURE OF MANAGER AND AGENT

Pursuant to Nebraska Revised Statutes § 76-1417, the Landlord or a person authorized to enter into a rental agreement on the Landlord's behalf shall disclose to the Tenant in writing, at or before the commencement of the tenancy, the name and address of:

  1. The person authorized to manage the Premises; and
  2. The 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 receiving and receipting for notices and demands.

Manager/Agent Name:
Address:

XIV. LEAD-BASED PAINT DISCLOSURE

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly.

The Premises was constructed:

XV. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, specifically the Uniform Residential Landlord and Tenant Act (Neb. Rev. Stat. §§ 76-1401 to 76-1449).

XVI. ADDITIONAL TERMS AND CONDITIONS

Additional provisions of this Agreement are:

XVII. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings, agreements, or representations. This Agreement may only be modified in writing and signed by both parties.

XVIII. SIGNATURES

LANDLORD:
Signature: _________________________
Date:
Print Name: _______________

TENANT:
Signature: _________________________
Date:
Print Name: _______________

What is a Nebraska Lease Agreement?

A Nebraska Lease Agreement is a legally binding contract entered into by a landlord and a tenant to outline the terms and conditions for renting a residential or commercial property within the state. This document establishes the rights and obligations of both parties, covering essential details such as the monthly rental amount, payment due dates, security deposit requirements, and the duration of the tenancy. It serves as the primary legal record of the arrangement, providing a framework for dispute resolution and ensuring that the rental relationship complies with the Nebraska Uniform Residential Landlord and Tenant Act.

Legal Framework and Statutory Requirements

The governance of residential rental contracts in the state falls primarily under the Uniform Residential Landlord and Tenant Act adopted by Nebraska. Found within the Nebraska Revised Statutes, specifically Chapter 76, Article 14, these laws dictate the permissible provisions that can be included in a lease. While federal laws such as the Fair Housing Act prohibit discrimination based on race, religion, national origin, gender, disability, or family status, state statutes address specific operational aspects like security deposits and entry rights. A lease that contains provisions contrary to these statutes, such as waiving a tenant's right to sue for damages, may find those specific clauses unenforceable in a court of law.

Security Deposit Regulations

State law imposes specific limitations on the amount a landlord may charge for a security deposit to protect tenants from excessive upfront costs. Under Nebraska Rev. Stat. § 76-1416, a landlord generally cannot demand or receive security, however denominated, in an amount or value in excess of one month's periodic rent. However, a specific exception exists for pet owners; if the tenant has a pet, the landlord may demand an additional amount not to exceed one-quarter of one month's periodic rent. Upon termination of the tenancy, property owners are required to return the remaining balance of the deposit to the tenant within 14 days of a demand for payment, typically accompanied by an itemized list of any deductions made for damages or unpaid rent.

Mandatory Disclosures in Nebraska

To ensure a Nebraska Lease Agreement is valid and transparent, specific disclosures must be provided to the tenant before or at the time of signing. Failure to include these elements can lead to legal complications.

  • Lead-Based Paint Disclosure: For any property constructed prior to 1978, federal law requires landlords to provide information regarding the known presence of lead-based paint and lead-based paint hazards.
  • Identification of Landlord and Agents: The agreement must disclose the name and address of the property owner and any person authorized to manage the premises or receive notices and demands on behalf of the owner.
  • Security Deposit Location: While not strictly required to be in a separate interest-bearing account for all private landlords, the terms regarding the holding and return of the deposit must be clear and compliant with state caps.
  • Shared Utilities: If the unit shares a master meter for utilities with other units or common areas, the landlord should disclose how charges are calculated and allocated.

Landlord Access and Tenant Privacy

Privacy rights for tenants are protected under state statutes, which regulate when and how a landlord may enter the rented premises. Generally, a landlord must provide at least one day's notice (24 hours) before entering the unit for non-emergency reasons, such as inspections, repairs, alterations, or showing the property to prospective tenants or buyers. Entry must occur at reasonable times. In the event of an emergency, such as a fire or significant water leak, the requirement for advance notice is waived, allowing the landlord immediate access to address the situation and prevent further property damage. Tenants cannot unreasonably withhold consent for the landlord to enter the unit for legitimate purposes.

Fixed-Term vs. Month-to-Month Tenancies

A fixed-term lease creates a tenancy for a specific duration, most commonly one year. During this period, the terms of the agreement cannot be changed by the landlord without the tenant's consent, and the tenant is liable for rent for the entire term unless the lease is terminated early for valid legal cause or mutual agreement. In contrast, a month-to-month rental agreement renews automatically at the end of every monthly payment cycle. This arrangement offers greater flexibility, allowing either party to terminate the tenancy with proper written notice, usually 30 days prior to the periodic rental date. While fixed-term leases provide stability regarding rent prices and housing security, month-to-month agreements are often preferred for short-term housing needs or transitional periods.

Termination and Eviction Procedures

The process for terminating a rental contract varies depending on the reason for termination. For non-payment of rent, a landlord must issue a written notice giving the tenant three days to pay the outstanding amount or vacate the premises. If the tenant violates other terms of the lease, such as keeping unauthorized pets or causing excessive noise, the landlord typically provides a 14/30-day notice. This notice states that the lease will terminate in 30 days if the breach is not remedied within 14 days. If the breach is not fixable or happens again within six months, the landlord may terminate the agreement with a 14-day written notice. Strict adherence to these notice periods is required for an eviction to be upheld in court.

FAQs

Yes, verbal lease agreements are generally valid in Nebraska for tenancies of one year or less. However, written agreements are strongly recommended as they provide clear proof of the agreed-upon terms and conditions.
Nebraska law requires landlords to provide tenants with at least 24 hours of notice before entering the rental unit for non-emergency purposes. Entry must also take place at reasonable times.
A landlord may charge a security deposit equal to no more than one month's rent. If the tenant has a pet, the landlord may charge an additional pet deposit of up to one-quarter of one month's rent.
No, Nebraska state law does not mandate a grace period for rent payments. Rent is due on the date specified in the lease agreement, and landlords may begin eviction proceedings or charge late fees immediately if outlined in the contract.
The landlord must return the balance of the security deposit within 14 days after the tenant has made a demand for its return and provided a forwarding address. This return must include a written itemization of any deductions.
Generally, Nebraska tenants are not advised to unilaterally withhold rent, as this can lead to eviction. Instead, the Uniform Residential Landlord and Tenant Act provides specific legal remedies and procedures for tenants to follow if a landlord fails to maintain the property.

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