Nebraska Notice and Demand for Delivery of Possession for Willful Destruction or Damage to Premises
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How to fill out Notice And Demand For Delivery Of Possession For Willful Destruction Or Damage To Premises?
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FAQ
According to §76-1416 of the Nebraska Residential Landlord Tenant Act, the landlord may use the damage deposit in only two circumstances: (1) to cover the cost of unpaid, past due rent the tenant owes, and (2) to cover the cost of repairing damages to the apartment caused by the tenant or his or her guests which
Ultimately, the tenant is responsible for any damage that they cause to the property they are renting. The damage should be reported as soon as possible, so that it can be repaired or at least assessed by either the landlord or a professional (tradesman etc.)
The property is presumed abandoned if the tenant (1) responds to the notice within the 30 days (or 33 days, as appropriate) but does not claim the property or (2) does not respond to the notice. If the tenant claims the property, he must pay the landlord for removal and storage.
Legal Basics. Nebraska landlords can charge up to one month's rent as a security deposit. It must be returned within 14 days of lease termination, otherwise the landlord will forfeit the right to collect a deposit and may face damages of up to double the withheld funds or a month's rent.
Nebraska landlords may charge whatever they deem reasonable as a late fee, as long as it is included in the lease agreement. Repairs Landlords must make essential repairs within 14 days. If they fail to make the repairs, the tenant may withhold rent.
(1) A landlord may not demand or receive security, however denominated, in an amount or value in excess of one month's periodic rent, except that a pet deposit not in excess of one-fourth of one month's periodic rent may be demanded or received when appropriate, but this subsection shall not be applicable to housing
Tenant Rights to Withhold Rent in NebraskaTenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater.
Returning Security Deposits in Nebraska Time Frame: A Nebraska landlord has 14 days to return any unused portion of the security deposit along with an itemized list of damages deducted.
Total absence from the premises without notice to landlord for one full rental period or thirty days, whichever is less, shall constitute abandonment.
Nebraska courts will therefore hold that those landlords that can prove their damages beyond ordinary wear and tear, and can provide an itemization of such costs to fix the damages, may charge carpet cleaning fees.
