2015 Nebraska Revised Statutes
Chapter 76 - REAL PROPERTY
76-1414 Terms and conditions of rental agreement.

76-1414. Terms and conditions of rental agreement.

(1) The landlord and tenant may include in a rental agreement terms and conditions not prohibited by the Uniform Residential Landlord and Tenant Act or other rule of law including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.

(2) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.

(3) Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day to day.

(4) Unless the rental agreement fixes a definite term, the tenancy shall be week to week in case of a roomer who pays weekly rent, and in all other cases month to month.

Source

• Laws 1974, LB 293, § 14;
• Laws 2001, LB 7, § 10.

Annotations

• Ambiguities in a lease should be construed against the person preparing the lease. D & R Realty v. Bender, 230 Neb. 301, 431 N.W.2d 920 (1988).

• Where a substantial portion of leased premises is destroyed or rendered incapable of being used by a lessee, the lessee is entitled to an apportionment of the rental to be paid, in the absence of an expressed assumption of the risk of such destruction. D & R Realty v. Bender, 230 Neb. 301, 431 N.W.2d 920 (1988).