Legal Question in Landlord & Tenant Law in Nebraska

Eviction

I am a landlord. Have tenant on 1 yr. lease. 3rd month- all payments have been late. This month paid half and promised the rest in two weeks. Never paid. Can I start eviction process if they paid a portion of the rent? Should I have refused to take partial payment? If I evict can I sue him for legal fees and unpaid rent?


Asked on 10/10/07, 3:04 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: Eviction

You ask some good questions. To give you an accurate answer, I would need you to visit me in my office with a copy of the lease and the dates rental payments were made. If this is residential property, you need to become familiar with the Nebraska Landlord Tenant Act which you may view online. Just enter "Nebraska Landlord Tenant Act" in your search engine and click on one of the results. It appears from your zip code that you are in the Broken Bow area. I am not acquainted with any lawyers in that area. Many of the answers to your questions should be defined in the lease you have with the tenant. Does lease specify what constitutes a default and when a lease may be considered broken? Does the lease allow you to seek attorney's fees? You sound like a pretty nice landlord. When you accepted late payments for the first three months, you may have inadvertently waived your right to demand on-time payments later. You are still entitled to be paid the rent, but if two or three weeks late has been OK in the past, some judges won't allow you to suddenly insist on timely payment. That is an issue for the court to decide. Attorneys in your area should be able to advise you as to how local judges may be inclined to rule. If you can come to agreeable terms with the tenant and insure good performance throughout the rest of the lease, that would be the best solution for both of you. If tenant refuses to cooperate, then you will need to visit with an attorney to evaluate your case.

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Answered on 10/10/07, 3:55 pm


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