Free Nebraska Commercial Lease Agreement Template

A Nebraska commercial lease agreement rents non-residential property — a storefront, an office, a warehouse, a workshop — to a tenant who will run a business there. Nebraska keeps two separate routes: the Uniform Residential Landlord and Tenant Act at Neb. Rev. Stat. § 76-1401 and following, and the forcible entry and detainer statute at § 25-21,219 through § 25-21,235.

The second of those is the one that reaches a business tenancy. It is procedural, short, and leaves the commercial bargain entirely to the parties.

The statutory input runs to jurisdiction and notice, and little else.

What the Court Can Decide

Neb. Rev. Stat. § 25-21,219 gives the district and county courts jurisdiction over complaints of unlawful and forcible entry into lands and tenements and their detention, and over complaints against those who, having made a lawful and peaceable entry, then hold unlawfully and by force.

Where the court finds an unlawful and forcible entry, or that premises entered lawfully are held unlawfully, it orders restitution to the complaining party. The court or jury also inquires into the amount of rent owing and the damage the defendant caused to the premises while occupying them, and renders judgment accordingly.

Three Days’ Notice to Leave

Neb. Rev. Stat. § 25-21,221 sets the pre-suit step. A party wanting to commence an action under §§ 25-21,219 to 25-21,235 must notify the adverse party to leave the premises. That notice is served at least three days before the action begins, by leaving a written copy with the adverse party or at their usual place of abode if they cannot be found.

Where neither the defendant nor a usual place of abode can be found in the county where the premises are located, the notice may be served by leaving it at, or posting it on, the detained premises.

Anything that turns on title. Nebraska courts have held that a forcible entry and detainer action does not try the question of title but only the immediate right of possession, and that where resolving the claim would require the court to determine a title dispute, the case must be dismissed for want of jurisdiction.

That has a practical edge for a commercial dispute. A lease and possession constitute an interest in real estate, and the courts have treated whether an owner’s title is encumbered by a lease as a question bearing on title.

The same body of authority holds that a forcible entry and detainer action is not the proper vehicle for resolving a contract dispute between landlord and tenant. A Nebraska commercial lease agreement with a contested interpretation is unlikely to be settled in that forum.

1. Settle the rent, the escalation basis, the term, and where taxes, insurance, and repairs sit.
2. Write in a cure period, since the statute supplies a three-day notice to leave rather than a chance to remedy.
3. Name a notice address for each side, because service turns on where the adverse party can be found.
4. Set out clearly what constitutes default, given how narrow a possession action is.
5. Execute the lease and keep the notice and default terms accessible.

With the residential act inapplicable, a Nebraska commercial lease agreement does nearly everything:

• Legal names of landlord and tenant, and the entity behind each signature.
• A description of the space let, plus any corridors, docks, or parking included.
• Rent, the due date, and how and when it rises.
• The term, renewal rights, and what happens on holdover.
• A default definition and a cure period of your own choosing.
• How taxes, insurance premiums, utilities, and repair costs are apportioned.
• Permitted use, consent for assignment or subletting, and where notices go.