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In Nebraska, those who plan to sublet a rental property to another person need a sublease agreement. Here's what you should know about it.

Sublease Agreement

A sublease agreement binds an original tenant (sublessor) with a new tenant (sublessee) during a sublease period. This document is subject to some state regulations and must uphold what the original lease says.

What to Include

According to state law, a Nebraska sublease agreement must include the following information:

  • Personal data of the sublessor and the subtenant, including name and mailing address
  • Sublease start and end dates (This period may be different depending on whether the sublease is temporary or lasts until the original lease ends)
  • Utilities, indicating the ones the subtenant is responsible for
  • The amount the subtenant must pay monthly for rent
  • The amount the subtenant must pay as a security deposit and related information, including when the sublessor must return it to the subtenant
  • Liability section for the sublessee
  • Disclosures related to the rental unit
  • A section signed by the landlord proving the tenant has permission for subletting
  • Signed and printed legal names of each party involved
  • A copy of the original lease agreement

How to Write One

In order to draft a comprehensive sublease agreement under Nebraska law, these are the steps to follow:

  • Name all parties involved
  • Define the occupancy period
  • Set rent amount and dates
  • Clarify each party's obligations
  • List terms, such as the smoking policy
  • Set security deposit amount
  • Date and sign the contract
  • Attach a copy of the original lease
  • Attach a copy of the consent signed by the landlord, showing that the tenant is allowed to sublet the property

Special Laws

Under Nebraska law, an initial tenant can sublease a property if they receive approval from the landlord and the original lease doesn't have a clause prohibiting the process.

In addition, the original tenant may seek written approval from the landlord before starting up a sublease arrangement. The best way to seek consent is through a letter sent by certified means in order to prove delivery and receipt.

A tenant can assume consent if they do not receive a response one month after sending a letter requesting permission.

Sublessors

The initial tenant has the same responsibilities set forth in the original lease contract. Therefore, they must pay rent to the landlord, comply with state laws when subleasing, and give the subtenant a written notice if they must vacate the sublet unit.

Moreover, the sublessor must return the security deposit to the subtenant within 21 days after the lease ends and be responsible for any damages or unpaid rent.

Build Your Own

Do you need to draft a Nebraska sublease agreement but think it's too complicated? Door Loop has the right solution! Here are some free templates you can use to build your subletting contract in less time than you think:

eSignature

Lease signing is your biggest opportunity to lay the foundation for a pleasant tenant experience, and that relies on making the process as easy and efficient as possible.

With DoorLoop, you can get your subleases eSigned in a few seconds. You can also get to the eSignature step much more easily by creating reusable sublease templates that are autofilled with tenants' information.

DoorLoop also makes it so simple to find the best tenants in the first place by syndicating your lisitngs on popular websites Zillow, Trulia, Hotpads, Apartments.com, and more. You can also make sure you're bringing in the best tenants by screening your prospects in seconds through DoorLoop.

For more information about DoorLoop, learn more or schedule a free demo.

Conclusion 

A sublease document can protect all parties involved, including the initial tenant and the subtenant, especially if issues emerge after the agreement.

FAQs

Is Subletting Legal In Nebraska?

If the initial tenant has permission from the landlord and the original lease terms are respected, renting a leased space to another person in Nebraska is completely legal.

Do I Need a Move-in Checklist?

A checklist is an excellent tool if you're a subtenant, as it's a convenient way to keep track of the rental unit's conditions before and after you rent it.

Should I Include Information About the Security Deposit in the Sublease Agreement?

The subletting agreement must define if the amount can be used to pay damages and when it should be returned if not spent.

Can I customize my own form or agreement?

Yes, you always can, however if you want to be 100% sure you are protected, you should consult an attorney in your local area.

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David is the co-founder & Head of Special Projects of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!