Omaha, NE asked in Landlord - Tenant for Nebraska

Q: Not on the rent to own or lease to buy

Location: Omaha, NE, Douglas County

Background:

I have been renting a basement from my ex-girlfriend since Winter 2019, with consistent rent payments of $520/month.

Recently cleared back rent of approximately $2500 as of April 4, 2024.

A confrontation occurred when attempting to enter the house, leading to police involvement but no arrest. Post-confrontation, the landlord (my ex-girlfriend) intends to obtain a protection order against me.

I was presented with a new lease agreement requiring me to vacate within three months, which I wished to have reviewed by a lawyer. This request was refused.

I am not included in the rent-to-own lease agreement, and changes have been made to the rent structure and utility charges without my consent or access to the utility bills.

The property has several maintenance issues, including a leaking shower, mold, a malfunctioning toilet, and a significant bug problem.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information provided, it seems that you are facing several tenancy-related issues with your landlord (ex-girlfriend). Here are a few steps you can consider:

1. Legal assistance: Seek advice from a tenant rights organization or a lawyer specializing in landlord-tenant law to understand your rights and obligations as a tenant in Omaha, NE.

2. Protection order: If your landlord obtains a protection order against you, comply with its terms to avoid further legal complications. A lawyer can help you understand the implications of the order and how to respond.

3. Lease agreement: If you are not comfortable signing the new lease agreement, you have the right to have it reviewed by a lawyer. Your landlord cannot force you to sign a new agreement without allowing you to seek legal advice.

4. Rent and utility changes: If your landlord has made changes to the rent structure and utility charges without your consent or access to the bills, you may have grounds to dispute these changes. Keep records of all payments made and any communication regarding these changes.

5. Maintenance issues: Document the maintenance problems in the property (e.g., photos, videos) and send a written request to your landlord to address these issues. If the landlord fails to make necessary repairs, you may have the right to make the repairs yourself and deduct the cost from your rent, depending on local laws.

6. Consider moving out: Given the strained relationship with your landlord and the numerous issues with the property, it may be in your best interest to find alternative housing. Provide written notice to your landlord in accordance with local laws and your current lease agreement.

Remember, it is essential to document all interactions with your landlord and keep copies of any agreements, notices, or communications. Seek legal assistance to protect your rights and navigate this challenging situation.

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