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Nebraska Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Nebraska on
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... View More

James L. Arrasmith
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answered on Apr 16, 2024

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...
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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can I be reqired to pay additional month rent (at a raised amount) if landlord didn't receive 60 day written notice?

I informed property management company of move out in January of 2024 via phone call. In March, new property management company took over. I received 2nd notice of lease renewal and called new property management company to find out move out procedure. I was just notified that they will be... View More

James L. Arrasmith
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answered on Mar 30, 2024

It's crucial to understand that many rental agreements and landlord-tenant laws require move-out notices to be given in writing to be legally valid. Even if you verbally informed the original property management company of your intention to move out, if the lease agreement specifies that... View More

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Nebraska on
Q: Who is responsible for this utility bill?

had utilities in my name for a rental property my daughter was living in for 2 years. Her lease ended last may and she has since moved. When she moved i called utility companys and had things switched out of my name. My issue is that the city bill (water, sewer, garbage etc) had apparently not been... View More

James L. Arrasmith
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answered on Feb 23, 2024

In this situation, it's important to review the terms of the lease agreement between your daughter and the landlord regarding utility payments. Typically, lease agreements outline who is responsible for utility bills during the tenancy period. If the lease specifies that the tenant (your... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Who is responsible for this utility bill?

had utilities in my name for a rental property my daughter was living in for 2 years. Her lease ended last may and she has since moved. When she moved i called utility companys and had things switched out of my name. My issue is that the city bill (water, sewer, garbage etc) had apparently not been... View More

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

You would need to speak with an attorney about your specific situation and if there is an exception in your specific situation. In general, if the utilities continue to be in your name, you are responsible for the utilities, even if another family member is the person actually using the utilities.... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Nebraska. we have a tenant that had a guest move with out our permission. she doesn't want to leave. is she trespassing

she is not on the lease and the lease specifically states "no guest".

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

Potentially yes. This may also be a breach by the tenant that is on the lease. Sometimes it makes sense to move forward with the eviction process against the tenant (and thus anyone else on the premises there unlawfully) if the tenant has breached the lease by allowing those not on the lease to... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My family moved out of our rental at the end of October 2023. At move-out inspection, landlord indicated damage present.

He thought 1 wall was not correctly patched and should be replaced and upstairs and basement living carpets were stained and must be replaced. He indicated we would settle it between us. Husband told him to just keep the deposit. We waited 35 days from then before following up. We have not yet... View More

Julie Fowler
Julie Fowler
answered on Dec 22, 2023

The Nebraska Legal Aid Landlord Tenant Handbook is a often a good place to start and includes some samples and forms. It is a little bit dated but most of the information is still good and it is often a good place to start for information.... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My apartment manager doesn't like me cuz I complained about a neighbor that was harassing me what can I do in Nebraska

The neighbor a mean old lady has been hassing me I complained to my manager at the apartment but she said she's lived here 5 yrs and she doesn't believe me I sent her an email she did nothing then when I went to office to complain she basically said I was a liar well Friday my package was... View More

Julie Fowler
Julie Fowler
answered on Oct 27, 2023

Legal Aid of Nebraska put together a handbook to help tenants better understand their rights. Some of the info may now be out of date, but this may be a good place for you to start.

https://www.legalaidofnebraska.org/wp-content/uploads/2021/09/2021-LLT-Handbook-1.pdf

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can a landlord demand my paystubs after two years when it was never required when I first moved in?
T. Augustus Claus
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answered on Oct 3, 2023

Generally, if the terms of your lease or rental agreement do not specifically require you to provide paystubs, the landlord cannot demand them after the fact. However, they might request them if you're renewing a lease or if there are concerns about your ability to pay rent. Always refer to... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My apartment towed my car without telling me. It "was on a line". This sounds illegal. And I could've lost my job.

The towing company is costing me $232.25. This is unacceptable. Can I sue and reclaim my property?

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

You could try and you might be successful. You could challenge whether it was on the line or not. However, if a Court believes that your vehicle was parked in such a way that it was taking up two parking spots, then it would be unlikely that the Court would order the landlord to repay you for the... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Nebraska on
Q: Ex landlord is trying to charge $2,000 and seized entire deposit.

So I moved out of my apartment with my brother and provided more than ample written notice with my landlord per they require. They accepted the notice and we vacated the apartment. We paid our rent and specifically stated in our move out notice that if we move out prior to the end of the month we... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

You generally can't hold someone's mail because you believe that person owes you money. Tampering with someone's mail sent via USPS can come with stiff consequences under federal law. If you believe someone is holding or opening your mail illegally, you may want to contact your... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: I an having a parking dispute with a resident but management is not willing to do anything. We are allowed 2 parking

The resident in question takes up 3 spaces,only giving me one . I missed a family event because I had no parking for them what can I do?

Julie Fowler
Julie Fowler
answered on Aug 30, 2023

If you have a right to two parking spaces as part of your rental agreement, then you may need to pursue the issue further with your landlord if you are not receiving the value of your rental agreement due to the continued use of your space by another tenant. What your rights are depend in part of... View More

1 Answer | Asked in Child Custody, Family Law and Landlord - Tenant for Nebraska on
Q: Can my sons father legally evict me? He keeps threatening to. I have a daughter that lives with us too.

The house is in his name, but I’ve cleaned, maintained and furnished it since he bought it (3 years ago, (we’ve been together for 6) and also have stayed home to take care of our son his life this far. Partner pays the mortgage and some utilities, I pay for and take care of everything else. He... View More

Julie Fowler
Julie Fowler
answered on Dec 30, 2022

If you don't own the property, the landlord can evict you, even if your landlord is your significant other. If you are married, the rules apply differently as you generally have marital rights to the property even if you are not on the title. The landlord would need to follow the proper... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can a single 18-year-old rent and apartment in Nebraska?
Julie Fowler
Julie Fowler
answered on Dec 7, 2022

You may want to review Nebraska statute Section 43-2101. It includes the following:

(a) Eighteen years of age or older and who is not a ward of the state may:

(i) Enter into a binding contract or lease of whatever kind or nature and shall be legally responsible for such contract or...
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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: If I have to push my landlord to.keep him from entering my private bedroom I least for three years paid In advance

When I pushed hin he fell down and bummed his arm and he called the police and they charged me with assault isn't this a landlord tenant civil action they cancidered him my roommate not my landlord if it mattershe.is 27.im 70

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

Your factual situation is unusual. You should speak with a criminal defense attorney. Generally you can't get physical in order to protect your space or property from a roommate without the danger of being charged with assault.

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: How do I get out of my lease for security reasons? I have proof and have contacted the mgmnt co and it still continues.

The apartment building I live in has key secure entrances...sometimes. People that live there or don't live there leave the doors lodged open with any freaking thing they can find to get in the building from paper to a nickel. I have lived there when other mgmnt co ran it and it was so worse... View More

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

Nebraska Legal Aid has put together a handbook that is often a good place to start for these type of questions.

https://www.legalaidofnebraska.org/wp-content/uploads/2021/09/2021-LLT-Handbook-1.pdf

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: We received a vacate notice from our landlord even though we have faithfully paid rent despite his failure to do repairs

We have been told to vacate our rental within 30 days. We were notified shortly after an ongoing plumbing issue was addressed. We have faithfully paid rent despite the repairs our landlord had failed to do, minus the one my husband did because of the fire hazard and lack of smoke detectors. We do... View More

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

It depends in large part on the terms of your lease agreement. If your lease is up and the lease only requires your landlord to now give 30 days notice to vacate, it may be within the property owner's rights to ask you to leave in accordance with the terms of the lease. You would need to... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can I withhold rent due to noncompliance of landlord due to safety being feared because of another resident

Landlord won’t hold up terms of lease in regards to a neighbor that is breaking it. They have been notified for 3 months and situation is starting to escalate where cops are almost having to be called and safety is feared

Julie Fowler
Julie Fowler
answered on Mar 28, 2022

Legal Aid of Nebraska has put together some information that may be a good starting place for you:

https://www.legalaidofnebraska.org/wp-content/uploads/2021/09/2021-LLT-Handbook-1.pdf

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: I had a friend move in January7th. He paid rent for January and February. Can I kick him out on March 1st?

I live in Nebraska and we have no binding agreement.

Julie Fowler
Julie Fowler
answered on Mar 17, 2022

The Landlord-Tenant Handbook put together by Legal Aid of Nebraska is often a good resource in addition to contacting an attorney about the particulars of your case.

https://www.legalaidofnebraska.org/wp-content/uploads/2021/09/2021-LLT-Handbook-1.pdf

1 Answer | Asked in Contracts and Landlord - Tenant for Nebraska on
Q: What fees and deposits are landlords allowed to charge for pets in Nebraska?

I’m trying to rent a new apartment in Nebraska. The listed rent price is $745/month. The deposit is $500 and they said they’d charge a $200 refundable pet deposit but now the lease agreement they sent me states they will charge $183 for the refundable pet deposit plus an additional $217... View More

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

Nebraska Legal Aid has a handbook that has some general information regarding landlord/tenant rules that you may want to review before speaking with an attorney about your specific information.

https://www.legalaidofnebraska.org/wp-content/uploads/2021/09/2021-LLT-Handbook-1.pdf

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My landlord isn't doing repairs.

I notified my landlord 2 weeks ago that my air conditioner wasn't working right. I was told it would be fixed by the 21st. It still hasn't been. Can I buy a new one (in wall unit) and have it installed and deduct the entire cost from my rent?

Julie Fowler
Julie Fowler
answered on Sep 21, 2021

Probably not.

The Legal Aid Landlord Tenant Handbook is a good resource to review for some basic info before speaking with an attorney about your specific situation.

https://www.legalaidofnebraska.org/wp-content/uploads/2019/05/Landlord-and-Tenant-handbook-2017.pdf

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