daily nsbrecken
thursday, msrch 31, 1977
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Editor's note: This is the third in a series
examining landlord-tenant relations.
By Scott Whitcomb
For tho first time in Nebraska history,
many rights ar.d responsibilities of land
lords and tenants are defined by tew,
said David Rasmusssn, UNL Student Legal
Services attorney.
Rasmusscn said the statutes are included
in LB293, passed by the Nebraska Legis
lature in 1974.
Me said many tenants and landlords had
experienced substantial problems before
passage of the bill.
But although the bill has been revised,
there still are problems with it, Rasmusscn
said. He added, however, that the law
explicitly states the obligations and re
me dies of both the landlord &.;d tenant.
"The new law is fairly even handed in
covering both sides," Rasmusscn said. "For
every law protecting the tenant, there is
usually a companion law for the landlord."
Return d&mge deposit
Returning all damage deposit money to
the tenant within 14 days of lease termina
tion is one of the landlord's main res
ponsibilities, Rasmussen said. If the deposit
is not returned, the tenant may recover the
deposit due, plus reasonable attorney's
fees.
The landlord also cannot lock the
tenant out or shut off utilities until the
tenant has moved, Rasmussen said.
uote wrong
In Wednesday's story on landlord -tenant
relations, Attorney David Rasmusscn
was quoted incorrectly as saying Renter's
insurance . is "usually quite expensive."
The correct quote should read Renter's
insurance . . "is usually quite inexpen
sive. "
landlord rights, obligations
The law states that up to three months
rent can be collected from the landlord as
liquidated damages, plus reasonable attor
ney's fees.
Landlord claims to tenant's personal
property are also invalid, although such
liens may still appear in leases, Rasmussen
said.
"Landlords also must substantially
comply with minimum dwelling standard
codes materially affecting health or safety
of the tenant," he said.
da wcrkins order
Keeping the premises in living condi
tion and supplying electrical, plumbing,
sanitary, heating, ventilating, air-conditioning
and other facilities in good and safe
working order are some of the minimum
standard dwelling codes. .
The landlord also may not gain access
to the premises without one day's notice
except for an emergency, the law states.
The tenant may terminate the lease or col
lect actual damages not less than one
month's rent, plus attorney's fees if the
landlord enters without proper notice or
reason.
Rasmussen said it is important to watch
that the landlord does not adopt subse
quent rules which may "substantially
modify the bargain."
However, tenants have obligations for
which the landlord has many remedies,
Rasmussen said.
The tenant is obliged to pay rent
without demand or notice. If he or she
does not, the landlord may possess tenant
property after three days' notice.
Compliance with rental agreement pro
visions also is required of the tenant. After
written notice of noncompliance, the
landlord can terminate tenancy after 30
days if hot remedied in 14 days. He also
may terminate the lease immediately if
noncompliance has recurred within six
months.
Do not disturb
Tenants and guests also are required not
to disturb the neighbor's peace.
"The tenant can get into a lot of trouble
there," Rasmussen said, citing an example
of loud stereos, as disturbing to neighbors.
The minimum dwelling standard for
health and maintenance also apply to the
tenant, Rasmusscn said.
After one day's notice, the tenant may
not prohibit the landlord from entering,
he said.
The law states that tb obtain the secur
ity deposit, the tenant must, upon moving,
put the unit in the original clean condition,
excepting ordinary wear and tear. He also
must demand and designate location for
paying the deposit.
Rasmussen said that although residen
tial property is excluded from tenant
landlord obligations, it may be covered by
other state laws.
Sweten
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Q: Chill-Lagering is:
a) A popular German country and western singer.
b) A Scandinavian winter sport played without clothes.
c) A new ethnic TV comedy about the owner of an ice
cube factory.
d) The right way to age beer.
A: (d) Sorry, Chill-Lagering is not Olga and Svend
running around in a snowstorm in their birthday
suits. Chiil-Lagering is the way Schlitz ages beer.
They age it cold. Vfery cold. Down to 29.5 degrees.
The result is a beer with sparkling clarity. A
. beer that's crisp, clean and bright.
I suggest you look into one right now.
jj TSHr
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