CITY OF DELAWARE

RESIDENTIAL LANDLORD AND TENANT ORDINANCE SUMMARY

This Summary of the ordinance must be attached to every written rental agreement or be given to the tenant who has an oral rental
agreement. Unless otherwise noted, all provisions are effective as of November 6, 1986. [Mun. Code ch. 5-12-170]

IMPORTANT: If you seek to exercise rights under the ordinance, obtain a copy of the ordinance to determine appropriate
remedies and procedures. Consulting an attorney would be advisable.

IMPORTANT NOTICE

A message about porch safety : The porch or deck of this building should be designed for a live load of up to 100 lbs. Per square
foot, and is safe only for its intended use. Protect your safety. Do not overload the porch or deck. If you have questions about porch
or deck safety, call the City of NEBRASKA non-emergency number, 3-1-1.

WHAT RENTAL UNITS ARE COVERED BY THE ORDINANCE? [Mun. Code ch. 5-12-010]
• Rental units with written or oral leases (Including all subsidized units such as CHA, IHDA, Sect. 8, etc.)
EXCEPT
• Units in owner-occupied buildings with 6 or fewer units.
• Units in hotels, motels, rooming houses, unless rented on a monthly basis and occupied for more than 32 days.
• School dormitory rooms, shelters, employee’s quarters, non-residential rental properties. Owner occupied Co-
ops and condominiums.

WHAT ARE THE TENANT’S GENERAL DUTIES UNDER THE ORDINANCE? [Mun. Code ch. 5-12-040]
The tenant, the tenant’s family and guests must comply with all obligations imposed specifically upon tenants by the Municipal Code,
including:
• Buying and installing batteries in smoke and carbon monoxide detector within tenant’s apartment. Keeping the unit safe
and clean.
• Using all equipment and facilities in a reasonable manner.
• Not damaging the unit.
• Not disturbing other residents.

LANDLORD’S RIGHT TO ACCESS [Mun. Code ch. -512-050]

• A tenant shall permit reasonable access to a landlord upon receiving 2 days notice by mail, telephone, written notice or
other means designed in good faith to provide notice.
• A general notice to all affected tenants may be given in the event repair work on common areas or other units may require
such access.
• In the event of emergency or where repairs elsewhere unexpectedly require access, the landlord must provide notice within
two days after entry.

SECURITY DEPOSIT AND PREPAID RENT [Mun. Code ch. -512-080]

• A landlord must give a tenant a receipt for a security deposit including the owner’s name, the date it was received and a
description of the dwelling unit. The receipt must be signed by the person accepting the security deposit.
• A landlord must pay interest for Security deposit and prepaid rent (eff. 1/1/92) held more than 6 months.
• The rate of interest a landlord must pay is set each year by the City Comptroller. (eff. 7-1-97)
• Before expenses for damage can be deducted from the security deposit, the landlord must provide the tenant with an
itemized statement of damages within 30 days of the date the tenant vacates the dwelling unit.
• A landlord must return all security deposit and required interest, if any, minus unpaid rent and expenses for damages,
within 45 days from the date the tenant vacates the unit.
• In the event of fire, a landlord must return all security deposit and required interest, if any, minus unpaid rent and mone y
for damages, within 7 days from the date that the tenant provides notice of termination of the rental agreement. (eff. 1/1/92 )

WHAT ARE THE LANDLORD’S GENERAL DUTIES UNDER THE ORDINANCE?

• To give tenant written notice of the owner’s or manager’s name, address and telephone number. [Mun.Code ch.5-12-090]
1. To give new or renewing tenants notice of:
2. Code citations issued by the City in the past 12 months;
3. Pending Housing Court or administrative hearing actions;
• Water, electrical or gas service shut-offs to the building during the entire occupancy. [Mun. Code ch.5-12- 100]
• To maintain the property in compliance with all applicable provisions of the Municipal Code. [Mun. Code ch.5-12-070]
• To provide tenants with at least 30 days written notice if the rental agreement will not be renewed. If the landlord fails to
give the required written notice, the tenant may remain in the dwelling unit for 60 days under the same terms and
conditions as the last month of the existing agreement. (eff. 1/1/92) [Mun. Code ch. 5-12-130(j)]
• To not enforce prohibited lease provisions. [Mun. Code ch. 5-12-140]

TENANT REMEDIES [Mun. Code ch. 5-12-110] Minor

Defects
• If the landlord fails to maintain the property in compliance with the Code and the tenant or the tenant’s family or guests are
not responsible for the failure, the tenant may:
1. Request in writing that the landlord make repairs within 14 days, and if the landlord fails to do so the tenant may
withhold an amount of rent that reasonably reflects the reduced value of the unit. Rent withholding begins from the
fifteenth day until repairs are made; OR
2. Request in writing that the landlord make repairs within 14 days and if the landlord fails to do so the tenant may have
the repairs made and deduct up to $500 or ½ of the month’s rent, whichever is more, but not to exceed one month’s
rent. Repairs must be done in compliance with Code. Receipt for repairs must be given to the landlord and no more
than the cost of the repairs can be deducted from the rent; and also
3. File suit against the landlord for injunctive relief. Major Defects
If the landlord fails to maintain the property in compliance with the Code, and the failure renders the premises not
reasonably fit and habitable, the tenant may request in writing that the landlord make repairs within 14 days. If after 14
 days repairs are not made, the tenant may immediately terminate the lease. Tenant must deliver possession and move out
in 30 days or tenant’s notice is considered withdrawn. (eff. 1-1-92)

FAILURE TO PROVIDE ESSENTIAL SERVICES (heat, running or hot water, electric ity, gas or plumbing) [Mun. Code ch.
5-12-110(F)]
If, contrary to the lease, an essential service is not provided, or if the landlord fails to maintain the building in material
compliance with the Code to such an extent that such failure constitutes an immediate danger to the health and safety of the
tenant, and the tenant or tenant’s family or guests are not responsible for such failure, after giving written notice, the tenant
may do ONE of the following:
1. Procure substitute services, and upon presenting paid receipts to the landlord, deduct the cost from rent; OR
2. File suit against the landlord and recover damages based on the reduced value of the dwelling unit; OR
3. Procure substitute housing and be excused from paying rent for that period. The tenant also may recover from the
landlord the cost of substitute housing up to an amount equal to the monthly rent or portion thereof; OR
4. Request that the landlord correct the failure within 24 hours and if the landlord fails to do so, withhold from the
monthly rent an amount that reasonably reflects the reduced value of the premises. Rent withholding cannot start until
after the 24 hours expires ands applies only to days past the 24-hour waiting period; OR (eff. 1/1/92)
5. Request that the landlord correct the failure within 72 hours and if the landlord fails to do so, terminate the rental
agreement. If the rental agreement is terminated, the tenant must deliver possession within 30 days or the notice of
termination is considered withdrawn. (eff. 1/1/92)

NOTE: Remedies 4) and 5) may not be used if the failure ueistod the utility provider ’s failure to provide
Service. For the purposes of this section only, the notice a tenant provides must be in writing, delivered to the address the landlord
has given to tenant as an address to which notices should be sent. If the landlord does not inform the tenant of an address, the tenant
may deliver written notice to the last known address of the landlord or by other reasonable means designed in good faith to provide
written notice to the landlord. (eff. 1/1/92)

FIRE OR CASUALTY DAMAGE [Mun. Code ch. 5 - 12-110(g)]

If fire damages the unit to an extent that it is in material noncompliance with the Code and the tenant, tenant’s family or
guests are not responsible for fire or accident, the tenant may:
1. Move out immediately, but if this is done, the tenant must provide written notice to the landlord of the intention
to terminate within 14 days after moving out.
2. The tenant may stay in the unit, if it is legal, but if the tenant stays and cannot use of a portion of the unit
because of damage, the rent may be reduced to reflect the reduced value of the unit.
3. If the tenant stays, and the landlord fails to diligently carry out the work, the tenant may notify the landlord, in
writing, within 14 days after the tenant becomes aware that the work is not diligently carried out, of the tenant’s
intention to terminate the rental agreement and move out.

SUBLEASES [Mun. Code ch.- 512-120]

• The landlord must accept a reasonable subtenant offered by the tenant without charging addition al fees.
• If a tenant moves prior to the end of the rental agreement, the landlord must make a good faith effort to find a new tenant a t
a fair rent.
• If the landlord is unsuccessful in re-renting the unit, the tenant remains liable for the rent under the rental agreement, as
well as the landlord’s cost of advertising.

WHAT HAPPENS IF A TENANT PAYS RENT LATE? [Mun. Code ch. 5 - 12-140 (h)]
• If the tenant fails to pay rent on time, the landlord may charge a $10.00 per month late fee on rents under $500.00 and a 5%
per month late fee on that part of the rent exceeds $500.00 (i.e., for a $450.00 monthly rent the late fee is $10.00, for a
$700.00 monthly rent the late fee is $10.00 plus 5% of $20.00 or $20.00)(eff.1/1/92)[Mun. Code ch. 5 -12-140(h)]

WHAT HAP PENS IF A TENANT PAYS RENT DUE AFTER THE EXPIRATION OF THE TIME PERIOD SET FORTH IN
A TERNMIANTION NOTICE? [Mun. Code ch. 5-12-120 (h)]
• If the landlord accepts rent due knowing that there is a default in payment, the tenant may stay.

LANDLORD REMEDIES [Mun. Code ch. 5-12-130]

• If the tenant fails to pay rent the landlord, after giving 5 days written notice to the tenant, may terminate the rental
agreement.
• If the tenant fails to comply with the Code or the rental agreement, the landlord, after giving 10 days written notice to the
tenant, may terminate the rental agreement if tenant fails to correct the violation.
• If the tenant fails to comply with the Code or the rental agreement, the landlord may request in writing that the tenat
comply as promptly as conditions permit in the case of an emergency, or within 14 days. If the breach is not corrected in
the time period specified, the landlord may enter the dwelling unit and have the necessary work done. In this case, the
tenant shall be responsible for all costs of repairs.

LOCKOUTS [Mun. Code ch. 5-12-160]

• It is ILLEGAL for a landlord to lock out a tenant, or change the locks, or remove the doors of a rental unit, or to cut off
heat, utility or water service, or to do anything which interferes with the tenant’s use of the apartment.
• All lockouts are illegal and the Police Department is responsible for enforcement against such illegal activity. (eff. 1/1/92)
(Police Special Order 93-12)
• The landlord shall be fined $200 to $500 for each day the lockout occurs or continues.
• The tenant may sue the landlord to recover possession of the unit and twice the actual damages sustained or two months’
rent, whichever is greater.

PROHIBITION ON RETALIATORY CONDUCT BY LANDLORD [Mun. Code ch. 5-12-150]

• A tenant has the right to complain or testify in good faith about their tenancy to governmental agencies or officials, police,
media, community groups, tenant unions or the landlord. A landlord is prohibited from retaliating by terminating or
threatening to terminate a tenancy, increasing rent, decreasing services, bringing or threatening to bring an eviction action,
or refusing to renew a lease agreement.

ATTORNEY’S FEES [Mun. Code ch. -5 12-180]

• Except in eviction actions, the prevailing plaintiff in any action arising from the application of this Ordinance shall be
 entitled to recover all court costs and reasonable attorney’s fees. (eff. 1/1/92)

WHERE CAN I GET A COPY OF THE ORDINANCE?

For a copy of the Ordinance, visit the Office of the NEBRASKA.
.
 RESIDENTIAL LEASE AGREEMENT

THIS LEASE (the "Lease") dated this ___06_____ day of _______12_________, ___2011_____

BETWEEN:

CASEY D SEBERT
( the "Landlord" )

AND

CASEY D SEBERT

( the "Tenant" )

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable
consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree
as follows:

Leased Property
1. The Landlord agrees to rent to the Tenant the house, municipally described as 1151 Ravine St Rear
Munhall, PA 15120 (the "Property"), for use as residential premises only.

2. Subject to the provisions of this Lease, apart from the Tenant, no other persons will live in the
Property without the prior written permission of the Landlord.

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3. No guests of the Tenants may occupy the Property for longer than one week without the prior written
consent of the Landlord.

4. The Tenant may keep pets in or about the Property. The Landlord may revoke this privilege upon
thirty (30) days' notice.
5. Subject to the provisions of this Lease, the Tenant is entitled to the use of parking on or about the
Property.

6. Smoking is permitted on the Property. The Tenant will be responsible for all damage caused by
smoking including, but not limited to, stains, burns, odors and removal of debris.

7. Vaping is permitted on the Property. The Tenant will be responsible for all damage caused by vaping
including, but not limited to, residues, burns, and odors.

Term
8. The term of the Lease is a periodic tenancy commencing at 12:00 noon on February 16, 2019 and
continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.

9. Any notice to terminate this tenancy must comply with the applicable legislation of the State of
Illinois (the "Act").

Rent
10. Subject to the provisions of this Lease, the rent for the Property is $690.00 per month (the "Rent").
11. The Tenant will pay the Rent on or before the fifteenth (15th) day of each and every month of t he
term of this Lease to the Landlord at 406 S 11TH ST NORFOLK, NE 68701 or at such other place as the
Landlord may later designate by cash, check, direct debit from a bank or other financial institution,
Venmo or Zelle Pay.

12. The Landlord may increase the Rent for the Property upon providing to the Tenant such notice as
required by the Act.

Inspections
13. The Parties will complete, sign and date an inspection report at the beginning and at the end of this
tenancy.

14. At all reasonable times during the term of this Lease and any renewal of this Lease, the Landlord and
its agents may enter the Property to make inspections or repairs, or to show the Property to
prospective tenants or purchasers in compliance with the Act.
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Tenant Improvements
15. The Tenant will obtain written permission from the Landlord before doing any of the following:
a. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small
picture hooks per wall;

b. painting, wallpapering, redecorating or in any way significantly altering the appearance of the
Property;
c. removing or adding walls, or performing any structural alterations;
d. installing a waterbed(s);
e. changing the amount of heat or power normally used on the Property as well as installing
additional electrical wiring or heating units;

f. placing or exposing or allowing to be placed or exposed anywhere inside or outside the

Property any placard, notice or sign for advertising or any other purpose; or

g. Affixing to or erecting upon o r near the Property any radio or TV antenna or tower.

Utilities and Other Charges

16. The Tenant is responsible for the payment of all utilities in relation to the Property.

Insurance
17. The Tenant is hereby advised and understands that the personal propert y of the Tenant is not insured
by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.

18. The Tenant is not responsible for insuring the Landlord's contents and furnishings in or about the
Property for either damage or loss, and the Tenant assumes no liability for any such loss.

Attorney Fees
19. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will
pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a
reasonable sum for the successful Party's attorney fees.

Governing Law
20. This Lease will be construed in accordance with and exclusively governed by the laws of the State
of Delaware
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 NEBRASKA
.
Severability
21. If there is a conflict between any provision of this Lease and the Act, the Act will prevail and such
provisions of the Lease will be amended or deleted as necessary in order to comply with the Act.
Further, any provisions that are required by the Act are incorporated into this Lease.

22. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or
enforceability of any other provision of this Lease. Such other provisions remain in full force and
effect.

Amendment of Lease
23. This Lease may only be amended or modified by a written document executed by the Parties.

Assignment and Subletting

24. Without the prior, express, and written consent of the Landlord, the Tenant will not assign this Lease,
or sublet or grant any concession or license to use the Property or any part of the Property. A consent
by the Landlord to one assignment, subletting, concession, or license will not be deemed to be a
consent to any subsequent assignment, subletting, concession, or license. Any assignment, subletting,
concession, or license without the prior written consent of the Landlord, or an assignment or
subletting by operation of law, will be void and will, at the Landlord's option, terminate this Lease.

Damage to Property
25. If the Property should be damaged other than by the Tenant's negligence or willful act or that of the
Tenant's employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the
Property, the Landlord may end this Lease by giving appropriate notice.

Maintenance
26. The Tenant will, at its sole expense, keep and maintain the Property and appurtenances in good and
sanitary condition and repair during the term of this Lease and any renewal of this Lease.

27. Major maintenance and repair of the Property involving anticipated or actual costs in excess of
$100.00 per incident not due to the Tenant's misuse, waste, or neglect or that of the Tenant's
employee, family, agent, or visitor, will be the responsibility of the Landlord or the Landlord's
assigns.

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28. In particular, the Tenant will keep the fixtures in the Property in good order and repair and keep the
furnace clean. The Tenant will, at Tenant's sole expense, make all required repairs to the plumbing,
range, heating apparatus, and electric and gas fixtures whenever damage to such items will have
resulted from the Tenant's misuse, waste, or neglect or that of the Tenant's employee, family, agent, or
visitor.

29. Where the Property has its own sidewalk, entrance, driveway or parking space which is for the
exclusive use of the Tenant and its guests, the Tenant will keep the sidewalk, entrance, driveway or
parking space clean, tidy and free of objectionable material including dirt, debris, snow and ice.

30. Where the Property has its own garden or grass area which is for the exclusive use of the Tenant and
its guests, the Tenant will water, fertilize, weed, cut and otherwise maintain the garden or grass area
in a reasonable condition including any trees or shrubs therein.

31. The Tenant will also perform the following maintenance in respect to the Property: Any Plumbing
Fittings Damaged During Your Living In The House.

Care and Use of Property

32. The Tenant will promptly notify the Landlord of any damage, or of any situation that may
significantly interfere with the normal use of the Property or to any furnishings supplied by the
Landlord.

33. The Tenant will not engage in any illegal trade or activity on or about the Property.
34. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by
law.

35. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the
accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in
writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the
Tenant. The Landlord will promptly respond to any such written notices from the Tenant.

36. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive
days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord
will be notified in advance as to the name, address and phone number of the person doing the
inspections.

37. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good
a state and condition as they were at the commencement of this Lease, reasonable use and wear and
tear excepted.

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Rules and Regulations
38. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

Address for Notice

39. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the
phone number below:

a. Name: CASEY D SEBERT

b. Phone:
c. Email:
40. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the
Landlord's address for notice is:

a. Name: CASEY D SEBERT

b. Address:

The contact information for the Landlord is:

c. Phone:
d. Email address:

General Provisions
41. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
42. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this
Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any
subsequent defaults, breaches or non-performance and will not defeat or affect in any way the
Landlord's rights in respect of any subsequent default or breach.

43. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs,
executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are
to be construed as conditions of this Lease.

44. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be
deemed to be additional rent and will be recovered by the Landlord as rental arrears.

45. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable
for each other's acts, omissions and liabilities pursuant to this Lease.
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46. Locks may not be added or changed without the prior written agreement of both Parties, or unless the
changes are made in compliance with the Act.

47. The Tenant will be charged an additional amount of $25.00 for each N.S.F. check or checks returned
by the Tenant's financial institution.

48. Headings are inserted for the convenience of the Parties only and are not to be considered when
interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in
the masculine mean and include the feminine and vice versa.

49. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to
be original signatures.

50. This Lease constitutes the entire agreement between the Parties.
51. During the last 30 days of this Lease, the Landlord or the Landlord's agents will have the privilege of
displaying the usual 'For Sale' or 'For Rent' or 'Vacancy' signs on the Property.

52. Time is of the essence in this Lease.

IN WITNESS WHERE OF Hancock Debra Lee and Dunlap Arthur Lealon have duly affixed their signatures on
this ___06_____ day of _______12_________, ___2011_____.

CASEY D SEBERT ____

(Tenant Signature)

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The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord
on the __06___ day of _________12_____________, 20_11___.

CASEY D SEBERT
CASEY D SEBERT

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