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Patti G.
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| Joined: | Wed Mar 12th, 2008 |
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Posted: Wed Mar 12th, 2008 06:36 pm |
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| I appreciate your response. Mostly likely we'll consult with an attorney. Thanks for the advice.
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LandlordLaura
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| Joined: | Mon Aug 21st, 2006 |
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Posted: Wed Mar 12th, 2008 04:17 pm |
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If you have not alread read through the Landlord Tenant Laws for the State/County/City where the rental property is located, be sure you read through them thoroughly so that you understand what the Tenant's responsibilities are and what the Landlord's responsibilities are. You can try using the 'Legal Resources' link at the top of this webpage and/or do an online search. Make sure that you are looking at the most-recent Laws.
If you are unsure or have not had experience with lease-break issues, it is always best to consult with an experienced Landlord Tenant Attorney who practices in the same area as your rental property is located. Such an Attorney would be very familiar with the way Judges/Courts are deciding cases and can provide you with very specific advice.
Although it appears that Nebraska Landlord Tenant Law does require 30 day move-out notice from the Tenants, you will need legal help to determine if you legally accepted the Tenants' move out as of mid-February when you accepted 1/2 rent for February. If so, you will have to find out whether that effected the date that you would have been required to send the notificaiton of any Security Deposit deductions you needed to make and if/whether a Tenant is required to provide a written notificaton of their forwarding address. Additionally, you will have to find out whether Nebraska Laws allow for the collection of late fees if written notification was not provided to the Tenant as soon as the late fee was incurred.
I do not own rental property in Nebraska, myself. Maybe you will get an additional response from a Nebraska Landlord.
Keep us posted as to how things work out for you...
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Patti G.
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Posted: Wed Mar 12th, 2008 02:47 pm |
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| Our ex-tenants moved into our rental in 11/05 and signed a year lease. We never did have them sign a new lease after that (in essence, it was month-to-month). They lived there for approx. 5 years. We did not receive rent for February 2008. At times they have paid their rent late. On the 5th of Feb., my husband called and spoke to one of the tenants. This person said they were moving out and that's why they hadn't paid. My husband asked if he could at least receive 1/2 half of Feb. rent and the tenant agreed and paid it by mail (which we received about 3 days later). In the original lease agreement it does not state that the tenant has to give us any "time-frame" of notice (ie. 30-days)(hindsight-OUR MISTAKE). One of my questions is, should they have given us any kind of notice? And if so, should it have been written or is oral ok? Also, because of the fact that they paid 1/2 of the rent for Feb., were they obligated to pay the other half? They did move out mid-month. I have a question about the security deposit also. In 2005, the wife consistently paid the rent late which incurred late fees (10 to be exact). Each time she paid late, it was all we could do just to get the rent from her. Trying to get the late fee, would have been like trying to bleed a turnip. Now that we are trying to settle up with them, I have kept track of all the late checks and envelopes that I received for proof - which has amounted to using up all of their security deposit. There are also damages to the property which we will have to try and recoup. Given our circumstances noted above, what time-frame was I suppose to have given the information regarding their deposit back, to them? FYI-we are dealing with Nebraska laws.
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