Nebraska Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease

State:
Multi-State
Control #:
US-00867BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.

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  • Preview Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease

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FAQ

That said, no one should remain in the home without a lease agreement. So, instead of evicting the tenant, open the lines of communication and offer them a month-to-month lease option. Providing the tenant holding over is still paying rent, this is a great option to protect both parties with a signed agreement.

Under Texas law, you must give the landlord a forwarding address in order to receive your returned security deposit. The landlord must return your deposit ? less any amount deducted for damages ? within 30 days.

When a tenant stays in a property beyond the expiration of the lease, what is that tenancy called? The answer is tenancy at sufferance.

Term Tenancy. "(Estate for years)?A leasehold estate with a fixed term." A term tenancy (or an estate for years) is a lease for a fixed term, which ends automatically when the term is over.

Section 92.001 of the Texas Property Code defines a lease as ?any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling.? This means that a spoken agreement is as valid as a written document ...

Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted.

Holdover tenant refers to a renter staying in the property after their lease terminates without signing a new lease.

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Nebraska Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease