Nebraska Commercial Real Estate Guide

Commercial Lease Laws in Nebraska

Don't sign a lease in Nebraska until you understand the local statutes, tax implications, and common landlord traps.

Key Statutes & Considerations

Property Tax Pass-Through Volatility

Nebraska commercial property taxes can be a large pass-through in NNN leases. Request the right to contest assessments and require clear annual reconciliation and documentation.

Abandonment, Surrender, and Reletting Credits

Define abandonment and surrender clearly. If you default, require the landlord to mitigate damages and credit relet rent (net of reasonable costs) to your account.

Common Red Flags in Nebraska

Commercial real estate in Nebraska typically favors the landlord in standard lease drafts. Whether you are in Lincoln or elsewhere, you need to watch out for:

  • Uncapped NNN Charges: Variable costs like property taxes and insurance can skyrocket.
  • Broad Indemnification: Clauses that require you to pay for the landlord's negligence.
  • Relocation Clauses: Rights for the landlord to move your business to a worse location.
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Frequently Asked Questions

Is a Triple Net (NNN) lease legal in Nebraska?

Yes, NNN leases are the industry standard for commercial retail and office space in Nebraska. They shift the burden of property taxes, insurance, and maintenance to the tenant.

Can I negotiate my commercial lease in Nebraska?

Absolutely. Unlike residential leases, commercial leases are presumed to be negotiated between equal parties. Never sign the first draft.