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insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 55479
Experience:  Lawyer; developer/owner of RE developments.
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I have been living at a residences for about 1.5 months.

Customer Question

Hi, I have been living at a residences for about 1.5 months. When I first moved in the arrangement was 300 a month. Then about 2 weeks after I moved in we began dating and the arrangement changed to no set amount just help with bills. Last night the police were called and I told him he needs to give me a 30 day notice and the police called me a tenant. Since the agreement changed, would I owe .
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Nebraska and he is now coming into my room and harassing me and my 7 year old daughter
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: was never a lease and when we started dating he said just help out with bills. I have been here 1.5 months and have paid $654
JA: Anything else you want the lawyer to know before I connect you?
Customer: no I just need help
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 10 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  insearchoftheanswer replied 10 months ago.

Hi Tina. You are correct in that you are considered an "at will" tenant which is treated as a month to month tenancy. As such, under Nebraska law, he must give you at least 30 days written notice to terminate. Then, if you don't leave, the law does not allow him to forcibly evict you without obtaining an eviction order from a court. What that means is that if termination date comes and you do not move out, he cannot simply change the locks or throw your things out. Rather, what he has to do is to first deliver a 3-Day Notice to quit...which basically says you have 3 days to leave or face eviction. But, if you still don't leave, he must then file an unlawful detainer petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can the landlord have the tenant evicted. In the meantime, as a tenant, you are entitled to the peaceful and quiet enjoyment of your rental premises; and if harasses you resulting in you not being entitled to the full benefit of your rental bargain, then he's the party in default and he's not going to be able to charge you rent when he's depriving you of the peaceful and quiet enjoyment of the premises for which you are being charged.

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