RESIDENTIAL LEASE AGREEMENT

(State of Nebraska)

[// GUIDANCE: This template is drafted to comply with the Nebraska Uniform Residential Landlord and Tenant Act, Neb. Rev. Stat. §§ 76-1401 et seq. Attorneys should confirm no local ordinances impose additional or more stringent requirements.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Premises; Term
   3.2 Rent; Additional Charges
   3.3 Security Deposit
   3.4 Use & Occupancy
   3.5 Utilities & Services
   3.6 Maintenance; Habitability
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

This RESIDENTIAL LEASE AGREEMENT (“Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [LANDLORD LEGAL NAME], a [STATE] [TYPE OF ENTITY], with a mailing address of [LANDLORD ADDRESS] (“Landlord”); and
• [TENANT LEGAL NAME], an individual with a mailing address of [TENANT ADDRESS] (“Tenant”).

Landlord agrees to lease to Tenant, and Tenant agrees to lease from Landlord, the Premises (defined below) upon the terms and conditions set forth herein, for valuable consideration the receipt and sufficiency of which are acknowledged.

Governing law: Nebraska state landlord-tenant law.
Forum selection: exclusive jurisdiction in the county court (housing division) located in [COUNTY], Nebraska.
Arbitration: expressly excluded.
Jury waiver: none (parties preserve their constitutional right to jury trial).
Injunctive relief: eviction and other equitable remedies expressly preserved.

2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below; defined terms appear alphabetically.

“Additional Rent” – Any monetary obligation of Tenant other than Base Rent, including late fees, utility charges, or other sums payable to Landlord under this Agreement.
“Base Rent” – The monthly rental amount stated in Section 3.2(a).
“Commencement Date” – The date set forth in Section 3.1(b) on which the Term begins.
“Common Areas” – Any portions of the property (other than the Premises) made available for common use by residents, if applicable.
“Premises” – The residential dwelling located at [STREET ADDRESS, UNIT #, CITY, NE ZIP] together with any appurtenant areas designated for Tenant’s exclusive use (e.g., garage, storage).
“Security Deposit” – The deposit described in Section 3.3, held by Landlord to secure Tenant’s obligations, subject to Neb. Rev. Stat. § 76-1416.
“Term” – The Lease term specified in Section 3.1(a), including any extensions or renewals.

3. OPERATIVE PROVISIONS

3.1 Premises; Term

a. Term. The term of this Lease (“Term”) shall commence on the Commencement Date and expire at 11:59 p.m. on [EXPIRATION DATE], unless sooner terminated pursuant to this Agreement or applicable law.
b. Commencement Date. The Term shall commence on [COMMENCEMENT DATE] (the “Commencement Date”).
c. Delivery. Landlord shall deliver possession of the Premises to Tenant in compliance with the Habitability Standards set forth in Section 3.6.

3.2 Rent; Additional Charges

a. Base Rent. Tenant shall pay to Landlord monthly Base Rent of $[AMOUNT] in advance on or before the first (1st) day of each calendar month during the Term, without offset or deduction, at Landlord’s address for payment or as otherwise directed in writing.
b. Late Charge. If any Base Rent or Additional Rent is not received within five (5) days after the due date, Tenant shall pay a late fee of $[AMOUNT] or [%] of the delinquent amount, whichever is greater, as Additional Rent.
c. Form of Payment. Rent shall be paid by [CHECK / ACH / MONEY ORDER / ONLINE PORTAL], and shall not be deemed received until actually collected.

[// GUIDANCE: Insert any municipal rent-collection requirements here.]

3.3 Security Deposit

a. Amount; Cap. Upon execution, Tenant shall pay a Security Deposit in the amount of $[AMOUNT NOT TO EXCEED ONE (1) MONTH’S BASE RENT, plus up to one-quarter (¼) month’s rent for a pet deposit if applicable] in strict compliance with Neb. Rev. Stat. § 76-1416(1).
b. Holding; Non-Segregated. The Security Deposit shall be held in a trust capacity and may be commingled as permitted by law; it shall not bear interest unless required by local ordinance.
c. Permitted Deductions. Landlord may deduct from the Security Deposit only (i) unpaid Rent or other sums due; and (ii) the reasonable cost of repairing damages beyond ordinary wear and tear, consistent with § 76-1416(2).
d. Return. Within fourteen (14) days after Tenant vacates and provides Landlord a forwarding address, Landlord shall return the balance of the Security Deposit with an itemized written statement of any deductions, as required by § 76-1416(3).
e. Liability Cap. Except for (i) personal injury or property-damage claims arising from Landlord’s gross negligence or willful misconduct, or (ii) statutory penalties, Landlord’s cumulative liability to Tenant shall not exceed the amount of the Security Deposit.

3.4 Use & Occupancy

a. Residential Use Only. The Premises shall be used solely for private residential purposes by Tenant and the following permitted occupants: [NAMES]. No commercial or unlawful use is permitted.
b. Pets. [NO PETS / PETS PERMITTED subject to separate Pet Addendum and additional deposit set forth in Section 3.3(a)].
c. Smoking. [SMOKING POLICY].
d. Compliance with Laws. Tenant shall comply with all applicable federal, state, and local laws and ordinances, including occupancy limits.

3.5 Utilities & Services

Tenant shall be responsible for payment of the following utilities: [LIST]. Landlord shall provide and pay for: [LIST, e.g., trash collection, water/sewer]. Failure to maintain essential services constitutes a Landlord default under Section 6.1(a)(iii).

3.6 Maintenance; Habitability

a. Landlord Obligations. Pursuant to Neb. Rev. Stat. § 76-1419, Landlord shall (i) maintain the Premises in a fit and habitable condition, (ii) comply with applicable building and housing codes materially affecting health and safety, (iii) supply running water and reasonable heat, and (iv) keep common areas clean and safe.
b. Tenant Obligations. Tenant shall (i) keep the Premises clean and sanitary, (ii) dispose of trash properly, (iii) refrain from deliberate or negligent property damage, and (iv) promptly notify Landlord of needed repairs.
c. Right of Entry. Upon at least twenty-four (24) hours’ notice (unless an emergency), Landlord may enter the Premises to inspect, make repairs, supply services, or show to prospective purchasers or tenants, consistent with § 76-1423.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations. Each party represents and warrants that:
a. It has full authority and capacity to enter into and perform this Agreement;
b. Execution of this Agreement does not violate any other agreement or legal obligation; and
c. All information furnished in connection with this Agreement is materially accurate and complete.

4.2 Landlord Specific. Landlord further represents that (i) it holds legal title to the Premises or is otherwise authorized to lease the Premises; and (ii) to Landlord’s knowledge, the Premises presently comply with applicable housing codes.

All representations and warranties shall survive the expiration or earlier termination of this Agreement for a period of one (1) year.

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Tenant. Tenant shall:
a. Pay all Rent and other sums when due;
b. Maintain renter’s insurance meeting the requirements of Section 7.3;
c. Promptly notify Landlord of any condition requiring repair; and
d. Allow Landlord lawful access in accordance with Section 3.6(c).

5.2 Negative Covenants of Tenant. Tenant shall not:
a. Assign this Agreement or sublet the Premises without Landlord’s prior written consent;
b. Create any lien against the Premises;
c. Commit waste or nuisance; or
d. Permit any activity that increases Landlord’s insurance premiums.

6. DEFAULT & REMEDIES

6.1 Events of Default

Tenant shall be in default if:
i. Monetary Default – Tenant fails to pay Rent when due and such failure continues for seven (7) days after written notice, pursuant to Neb. Rev. Stat. § 76-1431(2);
ii. Non-Monetary Default – Tenant breaches any non-monetary covenant and fails to cure within fourteen (14) days of written notice, per § 76-1431(1);
iii. Abandonment – Tenant abandons the Premises; or
iv. Insolvency – Tenant files for bankruptcy or becomes insolvent.

6.2 Landlord Remedies

Upon an uncured Event of Default, Landlord may:
a. Terminate this Agreement on not less than the statutory notice;
b. Seek possession through a judicial eviction action under Neb. Rev. Stat. § 76-1441;
c. Recover unpaid Rent and damages, including future Rent as allowed by law; and
d. Recover reasonable attorney fees and court costs as Additional Rent.

6.3 Tenant Remedies

If Landlord materially breaches this Agreement and fails to cure within fourteen (14) days after written notice (or sooner if required by law), Tenant may exercise the remedies provided in Neb. Rev. Stat. §§ 76-1425 & 76-1427, including termination or repair-and-deduct (subject to statutory limits).

7. RISK ALLOCATION

7.1 Indemnification by Tenant

Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against any and all claims, damages, liabilities, and expenses (including reasonable attorney fees) arising from (i) the use or occupancy of the Premises by Tenant or permitted occupants, or (ii) any breach of this Agreement by Tenant, except to the extent caused by Landlord’s gross negligence or willful misconduct.

7.2 Limitation of Liability

Except as set forth in Section 3.3(e) (liability cap equal to the Security Deposit) and claims arising from Landlord’s gross negligence or willful misconduct, neither party shall be liable for indirect, consequential, or punitive damages.

7.3 Insurance

Tenant shall maintain, at Tenant’s expense, a renter’s liability insurance policy with minimum limits of $[LIMIT] per occurrence, naming Landlord as an additional insured. Proof of coverage shall be provided prior to occupancy and upon renewal.

7.4 Force Majeure

Neither party shall be liable for failure to perform due to events beyond its reasonable control, such as acts of God, government orders, or natural disasters, provided prompt notice is given and performance resumes as soon as practicable. Tenant’s Rent obligation is not excused except to the extent the Premises are rendered uninhabitable and Tenant vacates.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska without regard to conflict-of-law principles.
8.2 Forum Selection. The parties consent to exclusive jurisdiction and venue in the County Court of [COUNTY], Nebraska, housing division (or its successor court) for any dispute arising under this Agreement.
8.3 Arbitration. The parties expressly exclude arbitration.
8.4 Jury Trial. EACH PARTY RETAINS ITS CONSTITUTIONAL RIGHT TO TRIAL BY JURY.
8.5 Equitable Relief. Nothing herein shall limit Landlord’s right to seek injunctive or equitable relief, including eviction, replevin, or specific performance.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. No amendment or waiver shall be effective unless in a writing signed by both parties. A waiver on one occasion is not a waiver on any subsequent occasion.
9.2 Assignment. Tenant may not assign this Agreement or sublet the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.
9.3 Successors & Assigns. Subject to Section 9.2, this Agreement shall bind and inure to the benefit of the parties and their respective heirs, successors, and permitted assigns.
9.4 Severability. If any provision is held invalid, the remainder of the Agreement shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to achieve the parties’ intent.
9.5 Integration. This Agreement (including any addenda) constitutes the entire agreement between the parties and supersedes all prior discussions or agreements.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted electronically or by facsimile shall be deemed original signatures and fully enforceable.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

LANDLORD:

[LANDLORD NAME]
Title: [IF APPLICABLE]
Date: _______

TENANT:

[TENANT NAME]
Date: _______

[OPTIONAL NOTARIZATION BLOCK, if customarily required for recordation or by local regulation]

[// GUIDANCE: Attach customary addenda as needed (e.g., Lead-Based Paint Disclosure for properties built before 1978, Pet Addendum, Rules & Regulations, Move-In/Move-Out Checklist). Confirm compliance with any local rental-registration ordinances.]