Legal Question in Landlord & Tenant Law in Nebraska

Break Lease

I live in a duplex and just bought a puppy. The landlord found out and said my lease said no pets. Guess I didn't read it good enough because that's what it said - even though when I looked at the property there was a dog in residence. He says I can get out of my lease (just renewed for another 12 months) for three months rent. My lease DOES NOT address breaking the lease or any buy out terms. Is this legal? I'm willing to pay this to keep the dog.

Asked on 7/23/08, 6:26 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: Break Lease

It is good that you are now a loyal pet owner. Perhaps you have also been convinced to read leases more carefully before you sign them. Yes, what he is proposing is legal. You are obligated to pay the lease for one year, even if you just moved out. If you did move out, landlord has a duty to make a good faith effort to re-lease the duplex and when he does, your obligation to pay would end. Since at this moment, neither of you know when he may be able to re-lease the duplex; he is in effect saying if you pay him three months rent, he will assume the risk if it doesn't get rented again within three months and you are off the hook.

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Answered on 7/23/08, 6:55 pm

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