Fillable Printable Nebraska Residential Lease Agreement Form

Nebraska Residential Lease Agreement Form

Nebraska Residential Lease Agreement

THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and

entered into this ____________ day of ____________________________, 20____, by and

between _____________________________________________________________________

(hereinafter referred to as "Landlord") and

_____________________________________________________________________

(hereinafter referred to as "Tenant").

W I T N E S S E T H :

WHEREAS, Landlord is the fee owner of certain real property being, lying and situated

in _______________ County, Nebraska, such real property having a street address of

______________________________________________________________ (hereinafter

referred to as the "Premises").

WHEREAS, Landlord desires to lease the Premises to Tenant upon the term s and

conditions as contained herein; and

WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and

conditions as contained herein;

NOW, THEREFORE, for and in consideration of the covenants and obligations

contained herein and other good and valuable consideration, the receipt and sufficiency of which

is hereby acknowledged, the parties hereto hereby agree as follows:

1. TERM. Landlord leases to Tenant and Tenant lease s from Landlord the above described

Premises together with an y and all appurtenances thereto, for a te rm of

__________________ [specify number of months or years], such term beginning on

__________________, and ending at 11:59 PM on ______________________.

2. RENT. The total rent for the term he reof is the sum of

______________________________________________________________

DOLLARS ($____ ________) payable on the ______ day of each m onth of the term, in

equal installments of

______________________________________________________________

DOLLARS ($_____________), first and last installmen ts to be paid upon the due

execution of this Agreement, the seco nd installment to be paid on

_______________________. All such payments shall be made to Landlo rd at

Landlord 's address as set forth in the preamble to this Agreement on or before t he due

date and without demand.

3. DAMAGE DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit

with Landlord the sum of

______________________________________________________________

DOLLARS ($____ ____) receipt of which is hereby acknowledged by Landlord, as

security for any damage caused to the Premises during the term h ereof. Such deposit

shall be returned to Tena nt, without interest, and less any set off for damages to the

Premises upon the termination of this Agreement.

4. USE OF PREMISES. The Premises shall be use d and occupied by Tenant and Tenant's

immediate family, consisting of ____ _____________ _____

__________________________ ____________, excl usively, as a private sin gle 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 busin ess, profession, or trade

of any kind, or for any purp ose other than as a private single family dwelling. Tenant

shall not allow any other p erson, 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, rul es and orders of any and all governmental or quasi-

governmental authorities affecting the cleanliness, use, occupancy and prese rva tion of

the Premises.

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 orde r,

repair, and in a safe, clean and tenantable condition.

6. ASSIGNMEN T AN D SUB-LETTING. Tenant shall not assi gn this Agreement, or sub-let

or grant any license to use the Premises or any part thereof without the prio r written

consent of Landlord. A consent by Landlord to one such assignment, sub-letting or

license shall not be deeme d to be a consent to any subsequent assignment, sub-letting

or license. An assignment, sub-letting or license without the prior written consent of

Landlord or a n assignment or sub -letting by operation of law shall be absolutely null and

void and shall, at Landlord 's option, terminate this Agreement.

7. ALTERATIO NS AN D 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 witho ut the prior written consent of Landlord. Any and all

alterations, changes, and/or improvements built, constructed or pla ced o n the Premise s

by Tenant shall, unless otherwise provided by written agreeme nt between Landlord an d

Tenant, be and become the property of Landlord a nd remain on the Premises at the

expiration or earlie r 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 n o fault of

Landlord o r its age nts, then Landlord o r its agents shall have no liability, but the rental

herein provided sh all abate until possession i s given. Landlo rd o r its agents shall have

thirty (30) days in which to give possessi on, and if possession is ten dered 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 hereu nder shall

terminate.

9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a

dangerous, flammable or explosive character that might unreaso nably increase the

danger of fire or explosion on the Premi se s or that might be considered hazardous or

extra hazardous by any responsible insurance compa ny.

10. UTILITIES. Tenant shall be re sponsibl e for arranging for and payi ng for all utility services

require d on the Premises.

11. MAINTENA N CE AN D REPAIR; RU LES. Tenant will, at its 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) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or

halls, which shall be used for the purposes of ingress and egress only;

(b) Keep all windows, glass, window coverings, doors, locks and hardware

in good, clean order and repair;

(d) Not leave windows or doors in an open position during any inclement

weather;

(e) Not hang any laundry, clothing, sheets, etc. from any window, rail,

porch or balcony nor air or dry any of same within any yard area or

space;

(f) Not cause or permit any locks or hooks to be placed upon any door or

window without the prior written consent of Landlord;

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

(h) Keep all lavatories, sinks, toilets, and all other water and plumbing

apparatus in good order and repair and shall use same only for the

purposes for which they were constructed. Tenant shall not allow any

sweepings, rubbish, sand, rags, ashes or other substances to be thrown

or deposited therein. Any damage to any such apparatus and the cost

of clearing stopped plumbing resulting from misuse shall be borne by

Tenant;

(i) And Tenant's family and guests shall at all times maintain order in the

Premises and at all places on the Premises, and shall not make or

permit any loud or improper noises, or otherwise disturb other

residents;

(j) Keep all radios, television sets, stereos, phonographs, etc., turned down

to a level of sound that does not annoy or interfere with other

residents;

(k) Deposit all trash, garbage, rubbish or refuse in the locations provided

therefor and shall not allow any trash, garbage, rubbish or refuse to be

deposited or permitted to stand on the exterior of any building or

within the common elements;

(l)

Abide by and be bound by any and all rules 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.

12. DAMAGE TO PREMISES. In the event the Premises are destroyed or ren dered wholly

uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence

of Tenant, this Agreement shall terminate from such time except for the purpose of

enforcing rights that may have then accrued he reunder. The rental provided for herei n

shall then be accounted for by and between Landlord and Ten ant up to the time of such

injury or destruction of the Premises, Tenant paying rentals u p to such d ate and

Landlord refunding rentals collected beyond such date. Should a portion of the

Premises thereby be rendered u ninh abitable, the Landlord shall ha ve the option of either

repairing such injured or damaged portion or terminating this Lease. In the event that

Landlord exe r cises its right to repai r such uninhabitable portion, the rental shall abate in

the proportion that the injured parts bears to the whole Premises, and such p art so

injured shall be restored by Landlord as speedily as practicabl e, after which the full rent

shall recommence and the Agreement continue according to its terms.

13. INSPECTION OF PREMISES. Landlord and Landlord 's age nts shall have the right at all

reasonable ti mes during the term of this Agreement a nd any renewal thereof to enter the

Premises for the purpose o f inspecting the Premises and all buildin gs and improvements

thereon. And for the purposes of making any repairs, additions or alterations as may be

deemed appropriate by La ndlord for the preservation of the Premises or the building.

Landlord and its agents sh all further have the right to exhibit the Premises and to display

the usual "for sale", "for ren t " or "vacancy" signs on the Premises at any time within

forty-five (45) days before the expiration of this Lease. The right of entry shall likewise

exist for the purpose of removing placards, signs, fixture s, alteratio ns or additions, that

do not conform to this Agreement or to any restrictions, rules or regulations affecting the

Premises.

14. SUBORDINATION OF LEASE. This Agree m ent and Tenant's interest hereunder are

and shall be subordinate, junior and inferior to any an d all mortgages, liens or

encumbrances now or hereafter placed on the Premises by Landlord, all advances made

under any such mortgages, liens or encumbrance s (including, but not limited to, future

advances), the interest payable on such mortgages, liens or encumbrances and any and

all renewals, extensio ns or modifications of such m ortgages, liens or en cumbrances.

15. TENANT'S H OLD OVER. If Tenant remains in posse ssion of the Premises with the

consent of Landlord after the natural expiration of this Agreement, a new tenancy from

month-to-month shall b e created between Landlord and Tenant which shall be subje ct to

all of the terms and conditions hereof except that rent shall then be due and owin g at

______________________________________________________________

DOLLARS ($____ _______) per month and except that such tenancy shall be terminable

upon thirty (30) days written notice served by either party.

16. 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, rea son able use and wear and tear there of and

damages by the elements excepted.

17. ANIMALS. Tenant shall be entitled to keep no more than ______ ____ (____) d omestic

dogs, cats or birds; however, at such time as Tenant shall actually keep a ny such animal

on the Premises, Tenant shall pay to Landlord a pet deposit of

______________________________________________________________

DOLLARS ($_________),

______________________________________________________________

DOLLARS ($_________) of which shall be non-refundable and shall be used upon the

termination or expiration of this Agreement for the purposes of cleaning the carpets of

the building.

18. QUIET ENJOYMENT. Tenant, upon pay ment of all of the sums referred to herei n as

being payable by Tenant and Tenant's performan ce of all Tenant's agreements

contained herein and Tenant's obse rvance of all rules and regulations, shall and may

peacefully and quietly have, hold and enjoy said Premises for the term he reof.

19. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the

Tenant, Tenant's family, guests, invitee s, agents o r employees or to any person entering

the Premises or the buildi ng of which the Premises are a part or to goods or eq uipment,

or in the structure or equipment of the structu re of which the Premises are a part, and

Tenant hereby agrees to indemnify, defend and hold L andlord harmless from any and all

claims or assertion s of every kind an d nature.

20. DEFAULT. If Tenant fails to comply with any of the material provisions of this

Agreement, other than the covenant to pay rent, or of any present rules and regulations

or any that may be hereafter prescribed by Landlord, or materially fails to comply with

any duties imposed on Tenant by statute, within seven (7) days after delivery of written

notice by Landlord specifying the non-compliance and indicating the intention of

Landlord to terminate the Lease by reason thereof, Landlord may terminate this

Agreement. If Tenant fails to pay rent when due and the default continues for sev en (7)

days thereafter, Landlord may, at Landlord' s option, declare the entire bala nce of rent

payable hereunde r to be immediately due and payable and may e x ercise any and all

rights and remedies available to Landlord at law or in equity or may immediately

terminate this Agreeme nt.

21. 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 ($____ ______).

22. ABANDONMENT. If at any time during the term of this Agreement Tenant abandon s the

Premises or any part thereof, Landlo rd may, at Landlord's option, obtain possessi on of

the Premises in the manner provided by law, and without becomi ng liable to Tenant for

damages or for any payment of any kind whatever. L andlord may, at Landlord's

discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole 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, and, at Landlord's option, hold

Tenant liable for any difference between the rent that would have been payable under

this Agreement during the balance of the unexpired term, if this Agreem ent had

continued in f orce, and the net rent for such period realized by Landlord by means of

such reletting. If Landlord's right of reen try is exercise d following abandonment of the

Premises by Tenant, then Landlord shal l consider any personal p roperty belonging to

Tenant and left on the Premises to also have been abandoned, in which case Landlord

may dispose of all such pe rsonal property in any manner Landlord shall deem proper

and Landlord is hereby relieved of all liability for doing so.

23. ATTORNEYS' FEES. Should it become necessary for Landlo rd to employ an attorney to

enforce any of the conditions or covenants hereof, including the collectio n of rentals or

gaining possession of the Premises, Tenant agrees to pay all expenses so incurred,

including a reaso nable attorneys' fee.

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 Landl ord'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, ent ities or

circumstan ces shall be affected thereby, but instead shall b e enforced to the ma ximum

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 assign s of the

parties hereto.

28. DESCRIPTIVE HEADINGS. The descriptive headings u sed h erein are for convenience

of reference only and they are not intended to have any effect whatsoever in d etermining

the rights or obligations of the Lan dlord or Tenant.

29. CONSTRUCTION. The pronouns used herein sh all include, wh ere appropriate, either

gender or both, singular an d plural.

30. NON-WAIVER. No indulgence, waiver, election or n on-election by Landlord under this

Agreement shall affect Tenant's duties and liabilities here under.

31. MODIFICATION. The pa rties hereby agree that this docum ent contains the entire

agreement betwee n the parties and this Agreement shall not be modified, cha nged,

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 und er 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]

If to Tenant to:

______________________________________________

[Tenant's Name]

______________________________________________

[Tenant's Address]

Landlord and Tenant shall each have the right from time to time to change the place

notice is to be given under this para grap h by written notice thereof to the other party.

33. ADDITIONAL PROVISIONS; DISCLOSURES.

____________________________________________________________

[Landlord should note above any disclosures about the premises that may be required

under Federal or Nebras ka law, such as known lead-base d paint hazards in the

Premises. The Landlord should also disclose any flood hazards.]

As to Landlord this ______ day of ________________________, 20_____.

LANDLORD:

Sign: ___________________________ Print: _________________________

Date: ______________

As to Tenant, this ______ day of _______________ _________, 20___ __.

TENANT ("Tenant"):

Sign: ___________________________________ Prin t: __________________________________

Date: ______________

TENANT:

Sign: ___________________________________ Prin t: __________________________________

Date: ______________

TENANT:

Sign: ___________________________________ Prin t: __________________________________

Date: ______________

TENANT:

Sign: ___________________________________ Prin t: __________________________________

Date: ______________