Problematic Lease Language

 Truth for Tenants: Potential Problems with Your Lease

 

 Withholding a security deposit 

 Nebraska Law allows a landlord to withhold a Tenant’s security deposit only for unpaid rent and damages beyond “ordinary wear and tear.” 

Your landlord may be in violation by including this language or similar language in your lease: “Resident agrees the agent will have carpet professionally cleaned when the Resident has vacated the premises. A lease charge of ($100.00) will be deducted from the deposit upon vacating the premises” 

Unconscionability 

Provisions that are inherently unjust, unfair, or “unconscionable” are prohibited by Nebraska landlord-tenant law. While there is no black latter rule for determining if a lease provision is unconscionable, a court would apply a “rule of reason” in determining whether any particular lease provision appears to take unfair advantage of a tenant. 

Your landlord may be in violation by including this language or similar language in your lease: “Additionally, if Tenant is a full or part-time student at a university or college, the Tenant also agrees to obey the rules and regulations outlined in the particular institution’s student code of conduct or similar instrument(s), and failure to do so may, in Landlord’s sole and absolute discretion, be deemed to be a breach of this Lease by Tenant.” 

Attorney’s Fees 

Landlords are never permitted to provide in your lease that in the event of a dispute, the tenant will pay attorney’s fees. They cannot contract around this. 

Your landlord may be in violation by including this language or similar language in your lease: “In any action or other effort to enforce the terms of this Lease, Landlord shall be entitled to recover its full cost and expenses including, but not limited to, attorneys’ fees and expense incurred in connection therewith.” 

Duty to Maintain the Premises 

The Landlord is required to maintain essential services of the unit, including keeping in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air condition and other facilities. They may not contract around this. 

Your landlord may be in violation by including this language or similar language in your lease: “Owner agrees to furnish the following: Gas (no), Electricity (no), Hot Water (no), Water and Sewer (no).” 

Delay of Occupancy 

 Once a lease term begins, the Landlord must deliver possession of the unit. If the landlord does not, rent automatically stops regardless of the reason for non-delivery. The tenant has the option of terminating the lease on five days’ notice or, if the Landlord does not make a good faith effort to deliver the possession, the tenant may be entitled to further damages. 

Your landlord may be in violation by including this language or similar language in your lease: “The Owner will not be liable for failure to give resident possession of the rental on the beginning of the term. 

Right of Access 

Landlords are permitted to enter the unit only if it is 1) an emergency, or 2) When practicable give at least 24 hours’ notice to the tenant. They cannot contract around this obligation. 

Your landlord may be in violation by including this language or similar language in your lease: “Resident agrees that Landlord may enter the premises…(c) at reasonable times for the purpose of displaying the [unit].