The daily Nebraskan. ([Lincoln, Neb.) 1901-current, March 31, 1977, Page page 6, Image 6
daily nsbrecken thursday, msrch 31, 1977 v o aw SDQiis qui ienam 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 H IUilLflJ.ll ; 1 Tkhs stock in America. Buy U.S. Ssv:ns Osnds. (Kltff(a -li! IMJlro -JV ,,4s!-. I if, 3 i -bate-. I No 9 I Gonnanity Floral Pmsnts . . . kim afid You. Gr::n Plants for yenf hiving EDvif:nr;::t. Trcn:n -::s Savings od all Plants. RidflEl Ttfrafkua Plants tlangini Gaskets oD:cofatof Plants 1731 "0" St.-Ao easy malk from eampiis. " CI'? K1S St Ml.n'ZHHI.WIN(itO MIl.WAlim. WIS f 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 ..;- -. '- ... 5 7 x . "y ' .. ; I V