Nebraska Residential Lease Agreement

NEBRASKA RESIDENTIAL LEASE AGREEMENT
(LEASE FOR TERM OR MONTH-TO-MONTH)

THIS LEASE AGREEMENT (“Agreement” or “Lease”) is made and entered into this _____ day of _________________, 20_____, between ____________________________________________________________, whose address is ____________________________________________________________ (“Landlord”) and ____________________________________________________________ (“Tenant”).

WHEREAS, Landlord leases to Tenant, and Tenant leases from Landlord, the (the single family home) (apartment #_____) (condominium unit #_____) (townhouse unit #_____) in ____________________________ County, Nebraska, such real property having a street address of ____________________________________________________________ (the “Premises”) on the terms and conditions as contained herein; and

NOW, THEREFORE, for and in consideration of the covenants and obligations contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree:

1. TERM. This Agreement shall commence on ________________________ (“Commencement Date”). [check either (a) or (b)]:

_____ (a) Lease: This Agreement shall continue as a lease for term. The termination date shall be on ___________________ [date] at 11:59 PM. Upon termination date, Tenant shall be required to vacate the Premises unless one of the following circumstances occur: (i) Landlord and Tenant formally extend this Agreement in writing or create and execute a new, written, and signed agreement; or (ii) Landlord willingly accepts new Rent from Tenant, which does not constitute past due Rent. If Landlord accepts from Tenant new Rent, a month-to-month tenancy shall be created. Either party may terminate this month-to-month tenancy by following the procedures specified in paragraph 1(b). Rent shall continue at the rate specified in this Agreement, or as allowed by law. All other terms and conditions as outlined in this Agreement shall remain in full force and effect.

_____ (b) Month-to-Month: This Agreement shall continue as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate. Such notice to terminate must be provided to Landlord at least 30 days prior to the desired date of termination of the tenancy. If at any time Landlord desires to terminate the tenancy, Landlord may do so by providing to Tenant such written notice of intention to terminate at least 30 days prior to the desired date of termination of the tenancy. Notices to terminate may be given on any calendar day, irrespective of Commencement Date.

2. RENT. Under the terms of this Agreement, “Rent” shall consist of all monetary obligations owed to Landlord by Tenant in accordance with this Agreement including any Late Charge. However, the Security Deposit shall not be considered Rent. Tenant shall pay to Landlord ____________________________________________________________ DOLLARS ($______________) per month as Rent for the Term of the Agreement. Due date for Rent payment shall be the 1^st day of each calendar month and shall be considered advance payment for that month. If not remitted on the 1st, Rent shall be considered overdue and delinquent on the 2nd day of each calendar month. In the event that the Commencement Date is not the 1^st of the calendar month, Rent payment remitted on the Commencement Date shall be prorated based on a 30-day period.

Landlord will accept personal checks, cashier’s checks, or money orders for Rent, except if Tenant has had a personal check returned for non-sufficient funds or account closure in the past nine (9) months. Upon Tenant’s request, Landlord must provide a receipt for non-cash payments. Landlord may choose not to accept cash, but if Landlord accepts cash, Landlord must provide a written receipt for it. Payment shall be made to Landlord under the following name and address:

____________________________________________________________
____________________________________________________________

3. SECURITY DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit with Landlord the sum of ____________________________________________________________ DOLLARS ($______________), not to exceed one month's periodic rent, receipt of which is hereby acknowledged by Landlord, as security for any damage caused to the Premises during the term hereof. A separate pet deposit not exceeding one-fourth of one month's periodic rent may be required if applicable. Such deposit shall be returned to Tenant, without interest, and less any set off for damages to the Premises or unpaid rent upon the termination of this Agreement. Landlord shall provide a written itemization of any deductions and deliver or mail the remaining balance, if any, to Tenant within fourteen (14) days after the termination of this Agreement, in compliance with Neb. Rev. Stat. § 76-1416.

4. USE OF PREMISES; NOTICE OF EXTENDED ABSENCE. The Premises shall be used and occupied by Tenant and Tenant’s immediate family, consisting of ____________________________________________________________, exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant shall not allow any other person, other than Tenant’s immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord’s written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. Tenant shall inform the Landlord of any expected absence from the Premises lasting more than seven (7) days, providing notification no later than the first day of such extended absence.

5. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition.

6. ASSIGNMENT, SUBLEASING, AND SUBLETTING. Tenant may not assign Tenant’s interests under this Agreement, sublease or sublet any portion of the Premises, or grant any license to use any portion Premises without the prior written consent of Landlord. Any unapproved attempt by Tenant to assign, sublease, sublet, or license all or any portion of Tenant’s interest under this Agreement shall qualify as a material breach of this Agreement. Such actions (whether through voluntary act, operation of law, or otherwise) shall be deemed null and void regarding the transfer of such interest to any third party. The prohibited activities described in this paragraph shall include but are not limited to subleasing or subletting through short-term rental or sharing services such as Airbnb®, Craigslist®, Vrbo®, or any rental, sharing, exchanging, or hosting platform. A consent by Landlord to one such assignment, subleasing, subletting, or license is not consent to any subsequent assignment, subleasing, subletting, or license.

7. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement.

8. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate.

9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.

10. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises.

11. MAINTENANCE AND REPAIR; RULES. Tenant will, at Tenant's sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall:

(a) Comply with all applicable building and housing codes that materially affect health or safety;

(b) Keep the Premises clean, safe, and in good repair, including all windows, glass, window coverings, doors, locks, and hardware, and return the Premises to its original cleanliness upon lease termination, except for ordinary wear and tear;

(c) Dispose of all ashes, rubbish, garbage, and other waste in a clean, safe manner, and in designated locations;

(d) Use all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, in a reasonable manner, and keep all plumbing fixtures clean;

(e) Not deliberately or negligently damage, deface, impair, or remove any part of the Premises, and not knowingly permit any person to do so;

(f) 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;

(g) Keep all air conditioning filters clean and free from dirt;

(h) Use all lavatories, sinks, toilets, and other water and plumbing apparatus only for their intended purposes and not allow any sweepings, rubbish, sand, rags, ashes, or other substances to be thrown or deposited therein; Tenant shall bear the cost of any damage to such apparatus and the cost of clearing stopped plumbing resulting from misuse;

(i) Not obstruct the driveways, sidewalks, courts, entryways, stairs, and/or halls, which shall be used for ingress and egress only;

(j) Not obstruct or cover the windows or doors, and not leave windows or doors open during inclement weather;

(k) Not hang laundry, clothing, sheets, etc., from any window, rail, porch, or balcony, nor air or dry any of the same within any yard area or space;

(l) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;

(m) Maintain an acceptable level of noise, including keeping entertainment systems, television sets, music players, etc., at a volume that does not annoy or interfere with other residents;

(n) Abide by and be bound by any and all rules, bylaws, covenants, and regulations affecting the Premises or the common area appurtenant thereto, which may be adopted or promulgated by the Condominium or Homeowners' Association having control over them, as long as they don't conflict with Landlord's rights or duties.

12. INSURANCE. Landlord, Landlord’s agent or manager, or, if applicable, the Condominium or Homeowners’ Association, are not responsible for insuring Tenant’s or Tenant’s permitted visitors’ personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. Landlord has advised Tenant to carry Tenant’s own insurance (renter’s insurance) to protect Tenant from any such loss or damage. The parties agree that, upon notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord’s insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance.

13. FIRE OR CASUALTY DAMAGE: TERMINATION OR ADJUSTMENT OF RENT. In the event the Premises are damaged or destroyed by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, and such damage substantially impairs the enjoyment of the Premises, Tenant may: (a) immediately vacate the Premises and notify Landlord in writing within fourteen (14) days thereafter of Tenant's intention to terminate this Agreement, in which case this Agreement shall terminate as of the date of vacating; or (b) if continued occupancy is lawful, vacate any part of the Premises rendered unusable by the fire or casualty, in which case Tenant's liability for Rent shall be reduced in proportion to the diminution in the fair rental value of the Premises. In the event this Agreement is terminated, Landlord shall return all prepaid Rent and security deposits recoverable under applicable law, specifically Neb. Rev. Stat. § 76-1416. Accounting for Rent in the event of termination or apportionment shall occur as of the date of the casualty. Notwithstanding the provisions of this section, Tenant shall be responsible for damage caused by Tenant’s negligence.

14. INSPECTION AND ACCESS TO PREMISES. In accordance with Neb. Rev. Stat. § 76-1423, Landlord and Landlord's agents shall have the right to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon, making necessary or agreed repairs, decorations, alterations, or improvements, or exhibiting the Premises to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors. Entry shall occur at reasonable times, with the following conditions: (a) Landlord shall provide Tenant with at least twenty-four (24) hours' written notice of Landlord’s intent to enter, including the purpose of entry and a reasonable period during which Landlord anticipates making entry, except in case of emergency or if it is impracticable to do so. (b) Landlord may enter the Premises without Tenant's consent in case of emergency. (c) Landlord and its agents shall have the right to exhibit the Premises and display the usual "for sale," "for rent," or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this Lease. (d) The right of entry shall also exist for the purpose of removing placards, signs, fixtures, alterations, or additions that do not conform to this Agreement or to any restrictions, rules, or regulations affecting the Premises.

15. SUBORDINATION OF LEASE. This Agreement and Tenant’s interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances.

16. HOLDOVER AND MONTH-TO-MONTH TENANCY. If Tenant continues to occupy the Premises with Landlord's consent after this Agreement's original term has expired, a new month-to-month tenancy will be established between Landlord and Tenant. This new tenancy will be subject to all existing terms and conditions, with the exception that the Rent will now be set at ____________________________________________________________ DOLLARS ($______________) per month. Additionally, either party may terminate this month-to-month tenancy by providing a written notice of thirty (30) days to the other party. In accordance with Neb. Rev. Stat. § 76-1437(3), if Tenant remains in possession of the Premises without Landlord's consent after the expiration or termination of the Agreement, Landlord may bring an action for possession. If Tenant's holdover is willful and not in good faith, Landlord may also recover an amount not more than three months' periodic Rent or threefold the actual damages sustained, whichever is greater, and reasonable attorney's fees.

17. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.

18. PET POLICY AND DEPOSIT. Tenant may choose to keep pets on the Premises: _____Pets Allowed  _____Pets Not Allowed.

If pets are allowed, Tenant is entitled to keep no more than ______________ (_____) domestic dogs, cats, or birds. Aggressive breeds, as determined by Landlord, are permitted under no circumstances. Tenant is responsible for the behavior, noise, and any damage caused by Tenant’s pets. All pets must have current vaccinations and possess valid licenses as required by local ordinances or state law. Upon keeping any such animal on the Premises, Tenant shall pay to Landlord a pet deposit of ____________________________________________________________ DOLLARS ($______________), ____________________________________________________________ DOLLARS ($______________) of which is non-refundable. The non-refundable portion of the pet deposit will be used for carpet cleaning upon the termination or expiration of this Agreement. The total pet deposit may not exceed one-fourth of one month's periodic Rent. Tenant is responsible for any pet-related damages exceeding the pet deposit and must promptly report any such damages to Landlord. Tenant must also clean and properly dispose of pet waste on the Premises.

19. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant’s performance of all Tenant’s agreements contained herein and Tenant’s observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof.

20. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant’s family, guests, invitees, agents, or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, resulting from ordinary negligence on the part of the Landlord. Tenant hereby agrees to indemnify, defend, and hold Landlord harmless from all claims or assertions of every kind and nature arising out of Tenant’s negligence or willful misconduct or that of Tenant’s family, guests, invitees, agents, or employees. This indemnification does not extend to damage or injury resulting from Landlord’s gross negligence or willful misconduct.

21. DEFAULT. If Tenant fails to comply with any material provisions of this Agreement, excluding the obligation to pay rent, or any existing or future rules and regulations set forth by Landlord, or materially fails to adhere to any duties imposed by statute, Landlord may provide a written notice specifying the non-compliance. If Tenant does not remedy the breach within fourteen (14) days following receipt of such notice, Landlord may terminate this Agreement, subject to any applicable provisions in Neb. Rev. Stat. § 76-1431. If Tenant fails to pay rent when due, and the default continues for seven (7) days after Landlord's delivery of written notice stating the nonpayment and Landlord's intention to terminate the Lease if the rent remains unpaid, Landlord may, at Landlord's option, terminate this Agreement in accordance with Neb. Rev. Stat. § 76-1431(2).

22. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made within three (3) days of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a “late fee” in the amount of ____________________________________________________________ DOLLARS ($______________).

23. ABANDONMENT AND RELETTING. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, as defined by Nebraska law and in accordance with Neb. Rev. Stat. § 76-1432, Landlord may take immediate possession of the Premises and make reasonable efforts to rent it at a fair rental. Abandonment shall be determined by the Tenant's intention to terminate contractual rights to exclusive possession or control of the leased premises, voluntarily relinquishing or vacating the premises. In the absence of explicit abandonment, total absence from the Premises without notice to Landlord for one full rental period or thirty days, whichever is less, shall constitute abandonment. Upon abandonment, Landlord may, as agent for Tenant, relet the Premises or any part thereof for the whole or any part of the then-unexpired term, and may receive and collect all rent payable by virtue of such reletting. If Landlord rents the Premises for a term beginning prior to the expiration of this Agreement, it is deemed to be terminated as of the date the new tenancy begins. At Landlord's discretion, Tenant may be held liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term if this Agreement had continued in force, and the net rent for such period realized by Landlord through reletting. If Landlord takes possession of the Premises following abandonment by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises to also have been abandoned. In such cases, to the extent permitted under the Uniform Residential Landlord and Tenant Act, Landlord may dispose of all such personal property in any manner Landlord deems appropriate and is hereby relieved of all liability for doing so.

24. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of any public office. In the event that Tenant shall record this Agreement, this Agreement shall, at Landlord’s option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity.

25. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Nebraska.

26. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.

27. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto.

28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant.

29. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.

30. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant’s duties and liabilities hereunder.

31. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto.

32. NOTICE. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows:

If to Landlord to: 

________________________________________
[Landlord’s Name] 

________________________________________
[Landlord’s Address] 

________________________________________
[Landlord’s City, State, and Zip]

If to Tenant to:

________________________________________
[Tenant’s Name]

________________________________________
[Tenant’s Address]

________________________________________
[Tenant’s City, State, and Zip]

The above-named person is authorized to manage the Premises and is 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 the purpose of receiving and receipting for notices and demands. Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party.

33. ADDITIONAL PROVISIONS; DISCLOSURES.
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
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[Landlord should note above any disclosures about the premises that may be required under Federal or Nebraska law, such as known lead-based paint hazards in the Premises. The Landlord should also disclose any flood hazards.]

As to Landlord:

LANDLORD (“LANDLORD”):

Sign: _________________________________________ Print: _________________________________________

LANDLORD (“LANDLORD”):

Sign: _________________________________________ Print: _________________________________________

As to Tenant:

TENANT (“TENANT”):

Sign: _________________________________________ Print: _________________________________________

TENANT (“TENANT”):

Sign: _________________________________________ Print: _________________________________________

TENANT (“TENANT”):

Sign: _________________________________________ Print: _________________________________________

TENANT (“TENANT”):

Sign: _________________________________________ Print: _________________________________________