Nebraska Fair Expression of the Covenant of Quiet Enjoyment

State:
Multi-State
Control #:
US-OL22024
Format:
Word; 
PDF
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Description

This office lease clause may duplicate the implied covenant of quiet enjoyment and achieve the same purposes stating that the tenant shall and may peacefully and quietly have, hold and enjoy the premises, for the specified term.

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FAQ

Peace and Quiet Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. If other tenants in your building are disturbing you, you should complain to the landlord.

The covenant of quiet enjoyment states that a tenant has the right to enjoy his or her rental unit without ?substantial interference? from the landlord. It ensures that tenants benefit from the full use and enjoyment of their rental unit.

If Tenant shall perform all of the covenants and agreements herein required to be performed by Tenant, Tenant shall, subject to the terms of this Lease, at all times during the Lease Term, have peaceful and quiet enjoyment of the Premises against any person claiming by, through or under Landlord.

Rent ? Nebraska has no legal maximum for what a landlord may charge for rent. There is also no limit on the amount a landlord may raise the rent, and they are not required to give any notice. Nebraska landlords may charge whatever they deem reasonable as a late fee, as long as it is included in the lease agreement.

Quiet Enjoyment: Tenants should not behave nor allow any person to behave in such a manner that disturbs the peaceful enjoyment of other tenants (N.R.S. § 76-1421(7)).

The notice to quit is NOT a court document and does not order removal of the occupants. It is simply a notice for the tenant to vacate the property by a specific date or the case will be taken to the court for eviction.

Some jurisdictions have required that the breach amount to actual or constructive eviction. For example, where a landlord's construction activities cause dust, debris, and noise to force a tenant to evacuate their leased apartment, an action for breach of covenant of quiet enjoyment can be supported.

Your landlord cannot increase your rent during the initial term of the rental agreement. After a year-long rental agreement ends, it is common for the agreement to become a month-to- month rental agreement.

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Nebraska Fair Expression of the Covenant of Quiet Enjoyment