馃攳
LB 1038 Security Deposit Changes | Nebraska Landlord Law - YouTube
Channel: Nebraska Landlord
[4]
hi everyone if we're meeting for the
[5]
first time my name is paul vachesky and
[7]
welcome to the nebraska landlord youtube
[9]
channel and facebook if that's where
[11]
you're watching this video hey before we
[13]
get started do me a favor if you're on
[14]
facebook go ahead and like this video
[16]
and like my page if you are on if you're
[19]
on youtube do me a favor give this video
[20]
a thumbs up hit that subscribe button
[22]
click on the notification bell
[24]
all right so
[26]
uh the the nebraska legislature is very
[28]
busy right now dealing with numerous
[31]
landlord-tenant
[33]
act changes or landlord-tenant-related
[35]
type legislation there is one in
[38]
particular that i wanted to bring to
[39]
your attention is lb 1038 it was
[42]
introduced by senator matt hansen he is
[45]
a democrat and i believe he's from the
[47]
lincoln area i think that's where his
[49]
district is located don't quote me on
[50]
that but i'm pretty sure that's where it
[52]
is this particular legislative bill does
[55]
three things it changes nebraska revised
[57]
statute
[58]
76 1410 the definitions section of the
[62]
landlord tenant act and
[64]
and nebraska revised statute 76 14 15.
[69]
now what it does is it number one
[72]
defines or codifies
[74]
what
[75]
wear and tear is
[77]
number two is it puts it puts
[79]
prohibition on predetermined charges
[82]
that can be levity against a tenant
[84]
security deposit and number three is it
[86]
provides punitive damages if you violate
[89]
uh the changes in this law so let's look
[92]
at each one individually so you have a
[93]
better understanding
[95]
number one it changes 76 1410 which is
[99]
the definitions portion of the the
[101]
nebraska landlord tenant law to include
[103]
the definition of wear and tear
[106]
now
[108]
in nebraska if this passes we will use
[110]
the ordinary wear and tear standard
[112]
versus the normal
[114]
wear and tear standard which is a
[116]
broader looser more liberal definition
[119]
than the normal wear and tear
[122]
across the united states we we have seen
[124]
states make changes to the definition to
[128]
this standard and it benefits the tenant
[131]
should they go to court and i want to
[133]
read the definition of what nebraska is
[136]
proposing
[137]
it says ordinary wear and tear means
[139]
deterioration that results from the
[142]
intended use of a dwelling unit
[144]
including the breakage or malfunction
[146]
due to the age or
[148]
deteriorated condition the term does not
[151]
include deterioration that results from
[154]
negligence carelessness accident or
[156]
abuse of the dwelling unit or fixtures
[159]
it's equipment or other tangible
[161]
property left behind by the tenant
[164]
now what's important about this
[166]
this definition is
[168]
number one as i said ordinary is
[170]
different than normal at least that's
[172]
what we've seen in other states that
[173]
have gone to this definition number two
[175]
is in those states that use this type of
[178]
of definition it allows the judge to
[181]
take into consideration the age of the
[184]
dwelling when determining whether or not
[187]
a broken eyed a broken item is actually
[191]
broken beyond ordinary wear and tear so
[194]
the tenant could actually raise an
[196]
affirmative defense that says judge even
[198]
though it's broken it shouldn't matter
[199]
because the the age of the dwelling
[202]
matters now the next thing that lb 1038
[205]
does is it makes changes to nebraska
[207]
revised statute 76 14 15.
[211]
and it's the prohibition section so
[214]
what it does is it says no rental
[216]
agreement may require a tenant
[219]
to agree to pay a predetermined amount
[222]
for cleaning or damages
[224]
to the dwelling unit upon termination of
[227]
the rental agreement or agree that such
[230]
amount or any other fees or charges may
[233]
be automatically deducted from the
[235]
security deposit that's important and
[237]
we're going to talk about that in a
[238]
little bit except those specifically
[241]
permitted under the uniform residential
[244]
landlord tenant act
[246]
now it's very common for landlords and
[249]
property managers to have provisions in
[251]
their lease agreement that says uh that
[254]
if the tenant doesn't do certain things
[255]
then we're gonna deduct a certain amount
[258]
from their security deposit for example
[260]
very common
[261]
that there's a provision in there that
[263]
says that the tenant has the
[264]
responsibility to have the carpets
[266]
professionally cleaned provide an
[269]
invoice from that carpet company to
[272]
prove that it's been done otherwise the
[274]
the landlord or manager will deduct x
[276]
amount of dollars from the security
[278]
deposit that is very common
[281]
another common practice amongst the
[282]
landlording community is to provide a
[285]
chart of charges for things that aren't
[288]
done
[288]
so the landlord or the manager will list
[291]
very common items that the tenant
[294]
fails to clean
[296]
such as cleaning the stove the
[297]
refrigerator changing burned out light
[300]
bulbs and then the landlord manager will
[303]
include a minimum charge that is stated
[306]
in the lease agreement we call it a
[308]
chart of charges that would no longer be
[311]
legal if 1038 passes
[314]
the other interesting thing that this
[316]
does is
[318]
it prevents any other charges
[320]
predetermined charges in the lease
[322]
agreement uh it prohibits the landlord
[325]
from deducting those charges from the
[328]
the security deposit as well so for
[330]
example
[331]
another common thing that uh i see in
[333]
lease agreements is a reinstatement of
[336]
the lease fee so let's say that um
[340]
let's say that there's a seven day
[341]
notice that's produced because the
[343]
tenant doesn't pay the the rent and
[346]
there is
[348]
the the
[349]
the lease agreement has been terminated
[351]
it's starting towards the eviction
[353]
process and then for whatever reason the
[355]
landlord and the tenant decide to agree
[356]
to reinstate the lease
[358]
many times landlords will have a
[360]
predetermined charge
[362]
called a reinstatement fee there are
[364]
other fees for example
[366]
late fees we have
[368]
bounced check fees
[370]
amongst other types of fees that is very
[372]
common right now that we deduct from the
[374]
security deposit if they aren't paid
[376]
when tenancy ends under this provision
[379]
under this bill if it's passed you will
[380]
not be able to
[382]
deduct those charges from your security
[384]
deposit that's what it means and then
[386]
last but not least is punitive damages
[390]
senator hansen has included that if you
[392]
put those provisions in the lease then
[395]
the tenant can sue you and the tenant is
[397]
entitled to an amount equal to one
[399]
month's rent
[401]
in punitive damages plus attorneys fees
[404]
reasonable attorneys fees that's called
[405]
a punitive
[407]
punitive damages
[408]
that is now available to the tenant
[410]
should they pursue any kind of legal
[413]
action
[414]
now i'm going to put a link to lb 1038
[417]
down in the video description so you can
[419]
you can download and read this bill for
[421]
yourself i'm also going to put a link
[424]
to the state senators so that way there
[426]
if you wish to opine you wish to contact
[428]
your state senator and opine on this
[430]
bill or any other bill you can easily do
[432]
that and before you leave please do me a
[434]
favor please give this video a thumbs up
[436]
hit that subscribe button click on the
[437]
notification bell
[439]
and i'll see you in the next informative
[441]
video i'm sure thanks everybody
Most Recent Videos:
You can go back to the homepage right here: Homepage