For all tenants, it’s good to understand the legal responsibilities that are involved when you sign a new lease. Nebraska has a special law called the UNIFORM RESIDENTIAL LANDLORD TENANT ACT (Nebraska Rev. Statutes §§76-1401 et. seq.) which gives a roadmap for how tenants and landlords are to interact with each other to enforce rights and responsibilities.
Under Nebraska law, notices from landlord to tenant should always be taken seriously as they have legal consequences. If the notice is troubling, confusing, or seemingly incorrect, this should prompt a call to an attorney for advice.
One of the newer provisions of Nebraska landlord-tenant law (§76-1413) was recently added to protect tenants who may not be comfortable getting legal notices through email or texts. The law allows tenants to ask the landlord to provide written notices to them instead of electronic notices through email or text. The landlord may not penalize the tenant for making this request.
When you started your lease did you already “opt in” to get notices electronically? If so, you can now, if you want, ask for written notices without suffering any consequence. If you have trouble with using electronic correspondence, simply write your landlord a letter requesting that all notices be sent in writing. Keep the record of your request to opt out of electronic notices.
Tenants can do many other things proactively to protect their rights, which mostly involve simply documenting and saving records:
- Take pictures. Take pictures when you move in and when you move out of your rental unit so there is a record of the condition of your home.
- Communicate in writing. Communicate to your landlord in writing. Be sure to date these letters and always keep a copy of your letters.
- Pay your rent. Always pay on time and keep receipts or other proof of payment. Do not withhold rent without consulting an attorney.
- Keep your records. Always keep a copy of your lease, your letters, and your rent receipts together and somewhere safe.
- Know your rights. Your landlord cannot lock you out, shut off utilities, or enter your rental unit without reasonable notice. It is important that you know what your landlord can and cannot do during your tenancy.
Some landlords may not know the law well and can tell you to do things that you are not legally required to do. When facing a dispute with your landlord, it may help to contact an attorney first to make sure that both sides are following the law.
Legal Aid of Nebraska regularly represents and advises the elderly and low-income persons in landlord tenant matters. For more information about landlord tenant law, please check Legal Aid of Nebraska’s handbook on tenants’ rights that answers many frequently asked questions.
