Commercial real estate disputes are a common occurrence in Nebraska. These disputes can arise between landlords and tenants, buyers and sellers, or even between neighboring property owners. When a dispute arises, it’s important to understand the laws and regulations that apply in Nebraska to resolve the issue. In this blog post, we’ll provide an overview of commercial real estate disputes in Nebraska and the laws that apply.
Commercial Real Estate Disputes in Nebraska
Common Types of Commercial Real Estate Disputes
There are several types of commercial real estate disputes that can arise in Nebraska. Here are some of the most common:
1. Lease Disputes
Lease disputes often arise between landlords and tenants and can involve issues such as non-payment of rent, breach of lease agreements, or disputes over repairs and maintenance.
2. Purchase and Sale Disputes
Purchase and sale disputes arise between buyers and sellers of commercial real estate and can involve issues such as misrepresentation of property condition, failure to disclose material defects or disputes over financing.
3. Easement Disputes
Easement disputes arise between neighboring property owners and can involve issues such as access to the property, use of shared facilities, or disputes over property boundaries.
Laws and Regulations that Apply in Nebraska
When a commercial real estate dispute arises in Nebraska, several laws and regulations may apply. Here are some of the most important:
1. Nebraska Landlord-Tenant Act
The Nebraska Landlord-Tenant Act act governs the relationship between landlords and tenants in Nebraska. It provides guidelines for lease agreements, security deposits, eviction procedures, and other issues related to commercial tenancies.
2. Nebraska Uniform Commercial Code
The Nebraska Uniform Commercial Code provides guidelines for the purchase and sale of goods, including commercial real estate. It covers issues such as warranties, risk of loss, and remedies for breach of contract.
3. Nebraska Real Estate License Act
The Nebraska Real Estate License Act regulates the licensing and conduct of real estate brokers and salespersons in Nebraska. It provides guidelines for advertising, disclosure of property condition, and other issues related to real estate transactions.
4. Nebraska Property Damage and Trespass Law
The Nebraska Property Damage and Trespass law provides remedies for property damage and trespass in Nebraska. It allows property owners to recover damages for the harm caused by others and provides guidelines for disputes over property boundaries and easements.
Rent Increases
In today’s day, everyone is struggling to make ends meet. It is important for a commercial landlord to understand the laws applicable to rent increases. Below are a few of note:
1. Rent Increases in Lease Agreements
The first place to look when considering rent increases is the lease agreement. Commercial lease agreements typically outline the terms of the tenancy, including the rent amount and any provisions for rent increases. In Nebraska, landlords and tenants are free to negotiate rent increases as long as they are reasonable and comply with state law.
2. Notice Requirements for Rent Increases
In Nebraska, landlords are required to provide tenants with notice of any rent increase at least 30 days before the increase takes effect. This notice must be in writing and must include the amount of the increase and the date it will take effect. This requirement applies to all commercial leases, including those with a fixed term and those that are month-to-month.
3. Limitations on Rent Increases
While landlords and tenants are free to negotiate rent increases, there are some limitations on how much landlords can increase rent. Nebraska does not have rent control laws, which means there is no limit on the amount a landlord can increase rent. However, rent increases must be reasonable and not intended to punish or discriminate against tenants.
4. Retaliation Protections for Tenants
Nebraska has retaliation protections in place to prevent landlords from increasing rent as a form of retaliation against tenants who exercise their legal rights. For example, if a tenant complains about a health or safety issue in the building, the landlord cannot increase the rent in retaliation. If a landlord is found to have violated these protections, they may be subject to legal action and penalties.
5. Fair Housing Laws
Finally, it’s important to note that rent increases cannot be discriminatory under Nebraska’s fair housing laws. Landlords cannot increase rent based on a tenant’s race, color, national origin, religion, sex, familial status, or disability. If a tenant believes that a rent increase is discriminatory, they may file a complaint with the Nebraska Equal Opportunity Commission.
Resolving Commercial Real Estate Disputes in Nebraska
When a commercial real estate dispute arises in Nebraska, there are several ways to resolve the issue. Here are some of the most common methods:
1. Negotiation
Often, the best way to resolve a commercial real estate dispute is through negotiation between the parties involved. This can involve direct communication or mediation with the assistance of a neutral third party.
2. Litigation
If negotiation is not successful, the parties may choose to pursue litigation. This involves filing a lawsuit and presenting evidence in court to establish the facts of the case and obtain a judgment.
3. Alternative Dispute Resolution
In some cases, alternative dispute resolution methods such as arbitration or mediation may be used to resolve the dispute. These methods are often faster and less expensive than traditional litigation.
Commercial Real Estate Disputes
Commercial real estate disputes can be complex and challenging to resolve. However, by understanding the laws and regulations that apply in Nebraska, attorneys and clients can better navigate these disputes and find a solution that works for all parties involved.
Whether through negotiation, litigation, or alternative dispute resolution, there are options available to resolve commercial real estate disputes in Nebraska. Contact the Omaha real estate attorneys at Horgan Law Firm, PLLC, to discuss your commercial real estate needs today!
Horgan Law Firm, P.L.L.C. | Omaha, NE
If you’re looking for an Omaha law firm that combines the wisdom of experience with the energy and ambition of youth, look no further than Horgan Law Firm, P.L.L.C. As experienced Omaha Lawyers, we apply our knowledge to every case to get you the best possible outcome. Our success is measured by yours-no matter what your situation is, we’ll be there to help you through it.
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