The most important source of information about a residential tenant’s rights and a landlord’s responsibilities is the written lease agreement. Some landlords prefer oral agreements, but it is more common for them to require the tenant's signature on a written lease—and a written lease protects the tenant more than an oral agreement. Be sure to read the lease carefully before you sign it.

A residential landlord’s ability to charge late fees generally depends on the specific language in the written lease agreement; the state’s landlord-tenant laws that may limit the amount of late fees the landlord can charge and the circumstances in which they can be charged; and the state's contract law.

Contract law in most states recognizes an implied duty of good faith and fair dealing between parties to a contract, and a residential landlord who charges late fees because the tenant is an hour late paying the rent may be in breach of the landlord’s implied duty of good faith and fair dealing—unless, for example, the lease agreement specifies an hour (12:00 p.m.) of the day by which rent is due and states that time is of the essence.

In Nebraska, the written lease agreement is indeed a crucial document outlining the rights of residential tenants and the responsibilities of landlords. Nebraska law allows landlords to use either oral or written lease agreements, but written leases provide clearer protection for both parties. Tenants should thoroughly review and understand the lease before signing. Regarding late fees, Nebraska's Landlord and Tenant Act permits landlords to charge late fees if specified in the lease agreement. However, the fees must be reasonable and not punitive. The law does not set a specific cap on late fees, but they should be in proportion to the actual damages the landlord suffers due to the late payment. Additionally, Nebraska contract law does include the principle of an implied duty of good faith and fair dealing in contractual relationships. This means that a landlord's actions, such as charging late fees for rent that is only an hour late, could potentially be challenged if they are deemed to violate this duty, especially if the lease does not explicitly state such stringent time requirements. It is always advisable for tenants to seek clarification from an attorney if they have concerns about their lease terms or if they believe their landlord is not acting in good faith.