Archive for the ‘ Nebraska Landlords ’ Category

Landlords – Don’t be that GUY!

http://www.wfaa.com/news/local/dallas-county/junk-landlord-investigated-by-news-8-evicting-hundreds-of-tenants/329044843
Accurate Credit Bureau

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Accurate Credit Bureau Landlord Feedback

“You guys are very efficient. Thanks for the speedy response yesterday.
I have a new applicant to run a credit check on. Attached please find all
the necessary information.
Please advise if anything else is needed.
Thanks”
Rudolph J.

Landlord Laws Laws Laws

Seattle landlord wonders why he can’t choose the ‘nice and clean’ renters

Landlords Collect Applications and Screen Tenants

The best way to deal with bad tenants is to make sure they never move in! Try to accept the most-qualified applicant who is also the best fit for your property, but be careful not to discriminate.

  • Collect information via professional rental applications
  • Ensure total income of all tenants is 2-3x monthly rent
  • Ask their two former landlords, “Would you rent to them again?”
  • Run a tenant credit check to determine total debt and late payment history

    For more tenant screening advice and help see Accurate Credit Bureau

    IMPORTANT DECISIONS DEMAND ACCURATE INFORMATIOIN

Accurate Credit Bureau Landlord Advice Tenant Security Deposit

Deadline for Returning Security Deposits by State

The following list is a guide to help landlords determine when the security deposit must be returned to the tenant. As a reminder to all landlords, you should be performing a walk through prior to the tenant moving as this will prevent arguments as to the condition of the unit at move out.

Alabama 35 days after termination of tenancy and delivery of possession
Alaska 14 days if the tenant gives proper notice to terminate tenancy; 30 days if the tenant does not give proper notice
Arizona 14 days
Arkansas 30 days
California Three weeks
Colorado One month, unless lease agreement specifies longer period of time (which may be no more than 60 days); 72 hours (not counting weekends or holidays) if a hazardous condition involving gas equipment requires tenant to vacate
Connecticut 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later
Delaware 20 days
District of Columbia 45 days
Florida 15 to 60 days depending on whether tenant disputes deductions
Georgia One month
Hawaii 14 days
Idaho 21 days, or up to 30 days if landlord and tenant agree
Illinois For properties with five or more units, 30 to 45 days, depending on whether tenant disputes deductions or if statement and receipts are furnished
Indiana 45 days
Iowa 30 days
Kansas 30 days
Kentucky 30-60 days, depending on whether tenant disputes deductions
Louisiana One month
Maine 30 days (if written rental agreement) or 21 days (if tenancy at will)
Maryland 45 days
Massachusetts 30 days
Michigan 30 days
Minnesota Three weeks after tenant leaves, and landlord receives mailing address; five days if tenant must leave due to building condemnation
Mississippi 45 days
Missouri 30 days
Montana 30 days (10 days if no deductions)
Nebraska 14 days
Nevada 30 days
New Hampshire 30 days; for shared facilities, if the deposit is more than 30 days’ rent, landlord must provide written agreement acknowledging receipt and specifying when deposit will be returned — if no written agreement, 20 days after tenant vacates
New Jersey 30 days; five days in case of fire, flood, condemnation, or evacuation; does not apply to owner-occupied building with two or fewer units where tenant fails to provide 30 days’ written notice to landlord invoking provisions of act
New Mexico 30 days
New York Reasonable time
North Carolina 30 days
North Dakota 30 days
Ohio 30 days
Oklahoma 30 days
Oregon 31 days
Pennsylvania 30 days
Rhode Island 20 days
South Carolina 30 days
South Dakota Two weeks to return entire deposit or a portion, and supply reasons for withholding; 45 days for a written, itemized accounting, if tenant requests it
Tennessee No statutory deadline to return; 10 days to itemize
Texas 30 days
Utah 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later, but if there is damage to the premises, 30 days
Vermont 14 days
Virginia 45 days
Washington 14 days
West Virginia No statutory deadline
Wisconsin 21 days
Wyoming 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later; 60 days if there is damage

Accurate Credit Bureau Landlord Tenant Rental Laws and Regulations Nebraska

Security Deposit:

  • Security Deposit Maximum: One month’s rent, plus a pet deposit of no more than one quarter of one month’s rent if pets are allowed and the tenant has a pet.
  • Security Deposit Interest: No statute
  • Separate Security Deposit Bank Account: No statute
  • Pet Deposits: Limited to no more than one quarter of one month’s rent.
  • Non-Refundable Fees: No statute
  • Deadline for Returning Security Deposit: 14 days after demand and designation of the location where payment may be made or mailed.
  • Permitted Uses of the Deposit:
    • Payment of rent owed;
    • Damages which the landlord has suffered due to the tenant’s noncompliance with the rental agreement or statutory
  • Require Written Description/Itemized List of Damages and Charges: Yes
  • Record Keeping of Deposit Withholdings: No statute
  • Receipt of Deposit: No statute
  • Failure to Comply: No statute

Lease, Rent & Fees:

  • Rent Is Due:  Unless otherwise agreed, rent is due at the beginning of each month, or at the beginning of any periodic term of one month or less.
  • Rent Increase Notice: As agreed to in the rental lease
  • Rent Grace Period: No, rent is due without demand or notice as agreed to in the lease.
  • Late Fees: As agreed to in the
  • Prepaid Rent: Prepaid rent held by the landlord may be applied to the payment of rent owed at the time the tenancy is terminated.
  • Returned Check Fees: $10, plus any reasonable handling fee imposed on the landlord by a financial institution.
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, tenant must give landlord written notice specifying the violation and may then procure reasonable amounts of the essential service and deduct their actual and reasonable cost from the rent. See statute for other options available to tenant.
  • Tenant Allowed to Repair and Deduct Rent: No. Tenant remedies for landlord’s failure to make repairs in violation of statutory Landlord Duties include:
    • giving written notice to landlord that tenant will terminate the rental lease 30 days from the date of the notice if landlord does not fix the problem within 14 days;
    • contacting a local housing code enforcement agency (if any);
    • notifying landlord in writing that landlord needs to fix the problem within 14 days or tenant will pursue other legal remedies.
  • Landlord Allowed to Recover Court and Attorney Fees: No lease may include a provision for the tenant to agree to pay the landlord’s attorney fees, but parties may recover reasonable attorney fees in some circumstances.
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes. If the tenant abandons the unit by being totally absent from the premises without notice to landlord for one full rental period or 30 days, whichever is less, landlord may take immediate possession and shall make reasonable efforts to rent it. If landlord rents the unit for a term beginning prior to the expiration of the abandoning tenant’s rental agreement, the prior agreement is terminated as of the date the new tenancy begins.
  • Abandonment/Early Termination Fee: No statute

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is required as the lease simply ends.
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30 days prior to the periodic rental date specified in the notice.
  • Notice to Terminate Tenancy – Week-to-Week Lease: Seven days prior to the termination date specified in the notice.
  • Termination of Tenancy with 24 Hours Notice: No statute
  • Notice of Date/Time of Move-Out Inspection: No statute
  • Notice of Termination for Nonpayment: Three-day written notice.
  • Termination for Lease Violation: For tenant violations of the rental agreement or statutory Tenant duties landlord may give written notice describing the violation and stating that the agreement will terminate in 30 days if the violation is not remedied within 14 days. For a second such violation within six months of the first, landlord may terminate the agreement with a 14-day written notice specifying the breach and the date the agreement shall terminate.
  • Required Notice before Entry: One-day notice required and landlord may enter only at reasonable times.
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes
  • Entry Allowed with Notice for Showings: Yes
  • Emergency Entry Allowed without Notice: Yes
  • Entry Allowed During Tenant’s Extended Absence: Yes, during any absence of the tenant longer than seven days.
  • Notice to Tenants for Pesticide Use: No statute
  • Lockouts Allowed: No
  • Utility Shut-offs Allowed: No

Disclosures and Miscellaneous Notes:

  • Name and Addresses: Prior to the beginning of a tenancy, landlord must provide in writing the name and address of the property manager as well as the name and address of the landlord or person authorized to act on behalf of the landlord for the purpose of service of process and for the receipt of notices and demands.
  • Copy of the Lease: No statute
  • Domestic Violence Situations: No statute.
    • Compliance: Comply, after written or actual notice, with the requirements of the applicable minimum housing codes materially affecting health and safety;
    • Repairs: Make all repairs and do whatever is necessary, after written or actual notice, to put and keep the premises in a fit and habitable condition;
    • Common Areas: Keep all common areas in a clean and safe condition;
    • Maintenance: Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied;
    • Trash: Provide and maintain appropriate receptacles and conveniences for the removal of trash and other waste incidental occupancy and arrange for their removal;
    • Heat: Supply running water and reasonable amounts of hot water at all times and reasonable heat except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.
  • Tenant’s Duties: 
    • Compliance: Comply with all obligations primarily imposed upon tenants by applicable minimum standards of building and housing codes materially affecting health or safety;
    • Cleanliness: Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit;
    • Trash: Dispose from his dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;
    • Plumbing: Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
    • Appliances:  Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises;
    • Damages: Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so;
    • Quiet Enjoyment:  Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises.
    • House Rules: Abide by all bylaws, covenants, rules or regulations of any applicable condominium regime, cooperative housing agreement, or neighborhood association not inconsistent with landlord’s rights or duties.
  • Retaliation: Landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening eviction of a tenant who has filed an official complaint to a government agency or has been involved in a tenants’ organization. See statute for additional provisions.
  • Lead Disclosure:  Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.