Can residential leases provide for a 60 day or longer notice requirement?
• URLTA does not specifically prohibit or authorize a 60 day notice requirement. • While the statute does not prohibit the 60 day notice, it is possible that a judge could deem the requirement to be unconscionable. • A determination that the provision is unconscionable assumes that a lawsuit over the issue would actually reach the court. To improve chances that it would be enforced, the landlord should be prepared to show that the tenant was informed of the requirement in another method in addition to the language in the lease. Evidence showing that the property has certain marketing pecularities that necessitate a longer marketing time would be useful. • See Nebraska Revised Statutes Section 76-1437. Return to FAQ Subjects • My tenant died or got put in jail or had to leave the country or . . . (it doesn’t matter I’ve heard them all). Their friend, family member or ex-wife wants to come clean out their apartment, but they need me to let them in. Should I just let them in? • If you let
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