Lease

Lease

Just about everyone thinks they know what a "lease" is, but like anything lawyers do, it's a bit more complicated than that.  A "lease" is a type of interest in property you own; it's short for "leasehold."  A Leasehold interest can be one of four types: Tenancy for Years, Periodic Tenancy, Tenancy at Will, or Tenancy by Sufferage.  

Tenancy for Years and Periodic Tenancy are different but quite similar.  A "tenancy for years" simply means that when parties enter into a lease agreement, they know what the duration is at the start.  Periodic tenancies are defined by their period: weekly, monthly, yearly, etc.  A "tenancy for years" you might sign is a one year agricultural lease, whereas a "periodic tenancy" might be a month to month housing rental agreement.

The last two are tenancies that exist when a lease contract has ended.  A Tenancy at Will occurs when the occupant and landlord may both exercise the right to quit the lease, but neither has chosen to.  Likewise, a Tenancy by Sufferage is when a tenant remains in possession of property after the landlord has given the notice to quit the lease.  A person is still a tenant even if they have notice to leave.

In disputes between landlords and tenants the details can be very important.  These types of leasehold interests are hundreds of years old and have different, modern statutory protections and duties depending on the type and nature of the property.  Please contact our office if you have questions about your lease or Nebraska Law.