The landlord must deliver possession of the apartment to you when the lease term begins in a clean and habitable condition. The condition of the apartment must comply with § 76-1419 in that it must be in good repair, the common areas must be clean and safe, facilities and appliances must be in good and safe working order, garbage receptacles and service must be provided and running water supplied including reasonable amounts of hot water.
The condition of the apartment must also meet the standards of the Lincoln Housing Code affecting health and safety. If you think you have health and safety violations call the Lincoln Housing Code Office at 441-7521 and ask that an inspector visit the apartment and examine it.
If the apartment is not ready for you to move in on the agreed date, you may either demand that the landlord do what needs to be done to meet the standards and comply with the lease or you may terminate the rental agreement upon at least five days written notice to the landlord. You should not terminate the lease without speaking to an attorney, but you should contact an attorney immediately as you may have limited time to reject the unit.
If you decide to terminate the lease, the landlord must return the first month's rent and the security deposit. In some cases the landlord´s failure to have the apartment ready for you may result in a court awarding up to three months rent and attorney´s fees to you. (See § 76-1418 & § 76-1426). Consult an attorney (see Rejecting Apartment Letter).