Migliaccio & Rathod LLP is investigating whether Nebraska landlords and property management companies have included prohibited attorney-fee provisions in residential leases or improperly charged tenants for their landlords’ legal expenses.
Nebraska law generally prohibits residential rental agreements from requiring tenants to pay a landlord’s attorney fees. Under Nebraska Revised Statute § 76-1415, certain provisions requiring tenants to pay a landlord’s attorney fees are prohibited, and landlords may not enforce prohibited provisions.
Nevertheless, some residential leases may contain language requiring tenants to reimburse landlords for attorney fees associated with collecting unpaid rent, enforcing lease provisions, or pursuing eviction proceedings. Tenants may encounter these charges on rental ledgers, in collection notices, or as deductions from their security deposits.
Migliaccio & Rathod is investigating whether Nebraska landlords have used standardized leases containing prohibited attorney-fee provisions and whether tenants have been charged or required to pay amounts that their rental agreements could not lawfully impose.
Tenants May Have Experienced:
- Signing a lease requiring them to pay their landlord’s attorney fees;
- Being charged legal fees after a rent dispute or alleged lease violation;
- Receiving collection notices demanding reimbursement for a landlord’s legal expenses;
- Having attorney fees added to their rental account balance;
- Having legal expenses deducted from their security deposit; or
- Being told they were contractually responsible for the landlord’s attorney fees.
Potential Claims May Include:
- Inclusion or attempted enforcement of prohibited residential lease provisions;
- Improper assessment of landlord attorney fees;
- Collection of unauthorized rental charges;
- Violations of Nebraska Revised Statute § 76-1415; or
- Other remedies available under Nebraska landlord-tenant law.
Signs You May Be Affected:
- You rented an apartment or other residential property in Nebraska;
- Your lease included a provision requiring you to pay the landlord’s attorney fees;
- You received a demand for attorney fees following a rental dispute;
- Your landlord added attorney fees to your account or deducted them from your deposit;
- You paid attorney fees that may have been prohibited under Nebraska law; or
- You have your lease, rental ledger, collection notice, or payment records.
If you believe you experienced this issue, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call.