mcndsy, m:rch 23, 1077
ootg vemwrn m em lease
'uses Ken&Tii
OYien con
Liter's Rstr. Tth h ths Dit cf a to p:st t!:j ca
By Scott WhitCGmb
If you ever have tray problems t:nr.haiLi3 a lease with
your landlord, it may be because there ire additional
obligations for a tenant under state law that are not
spelled out in the lease.
David Rasmussen, UNL student legal services attorney,
said most written leases are weighted in favor of the lad
lord, so it always is a good idea to seek a lesal review cf a
prospective lease.
Rasmussen seid the time notice requirement for lease
termination is the biggest problem tenants have when
thinking of moving out.
"Leases that are on a month-to-month basis require a
full 30 days notice prior to rent payment date for termin
ation or changes, unless the parties otherwise asree," he
said.
Generally, terminations of leases coincide with rental
payment dates, but attempts to terminate a lease in the
middle of a payment period may not be accepted by the
landlord, Rasmussen said.
Me said, however, all leases with monthly payments
are not month-to-month leases.
"Many leases are for a set period of time -one year,
six months, etc.-but may have special notice require
' ments even though rent is paid in monthly installments,"
he said.
Giving only 30 days notice before a tenant moves out
instead of 30 days notice before the, last periodic rent pay
ment date is "a common misconception", Rasmussen
said.
Lease prcikzns
He said at least SO or more students t year come
to him with lease problems, thinking that their land
lord has ripped them off.
Although the critical time for termination notice is
before April 1, late May and June is the bluest time for
complaints from tenants, Rasmussen gfc!-'r:
Some tenants may plan on moving oU'f5&y IS, but'
it is usualy the end of May before they realise their
obligation," Rasmussen said.
"Many people think the "landlord was just bluffing
when he said he would charge them (tenants) for an
entire month."
He said that if a landlord, cannot find anycr.e to rent
the property for the last two waeks of a month, the land
lord may allow a tenant to pay for just two weeks. Slow
"ever, it is wise to get such an agreement in writir., Ras
mussen said.
If the landlord does not tree on two weeks rent,
tenant options are to either move out at the first cf a
P! O
ran n no a rv r n
Charbs Michael Koch, the UNL student who jumped
from Hpcr Residence Hall March 14, was litei in good
condition Sunday at Lincoln General Hospital, according
to a hospital official.
Koch, 1 8, is a frersn from Gretna.
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month or stay with a friend for two weeks, or stay and
pay an extra two weeks rent, Rasmussen said.
lie said that although many complaints from tenants
are unwarranted because they do not know the law, many
landlords also are unaware of the law.
. Lsniloris tl&mM know law
"About three per cent of the students that come in for
advice are landlords,11 Rasmussen said. "Landlords need to
be aware of the law because they lose too if their tenants
get mad."
lie said the law also works to protect the tenant.
"The landlord must also give 30 days notice prior to
the periodic rental payment date if they are going to ter
minate a base or raise the rent," Rasmussen said.
' lie said landlords more frequently are spelling out
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termination requirements in leases.
Hie landlord and tenant also should agree on damages
if there are any before the tenant leaves. The tenant
should leave a new address for the landlord to mail the
damage deposit.
The Nebraska Landlord -Tenant Law states that the
balance of a damage deposit and a written itemization
shall be delivered or mailed to the tenant within 14 days
after demand and designation of the location where
payment may be made or mailed.
Rasmussen said it would be wise to have a friend who
saw the place when the tenant moved in look at any new
damages in case the tenant wants to take the landlord to
court. . .
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