Breaking a lease in Nebraska

The Act gives a tenant no general right to leave a fixed-term lease early, but it limits what you can collect. If the tenant abandons the unit, you must take possession and make reasonable efforts to rent it at a fair rental; if you re-rent for a term starting before the lease ends, the old lease ends when the new tenancy begins (Neb. Rev. Stat. § 76-1432(3)).

• A party claiming damages under the Act has a duty to mitigate them (Neb. Rev. Stat. § 76-1405(1)).
• A tenant who is a victim of domestic violence, with a protective order or a qualified third-party certification, may be released on 14 to 30 days' written notice; see the domestic violence topic (Neb. Rev. Stat. § 76-1431.01).
• A tenant may end the lease for your uncured material noncompliance, or after a fire or casualty that substantially impairs the home (Neb. Rev. Stat. § 76-1425(1); Neb. Rev. Stat. § 76-1429(1)).
• Under federal law, a tenant who enters military service after signing the lease, or who signs while in service and then receives permanent change of station orders or orders to deploy for 90 days or more, may end the lease by written notice with a copy of the orders; with monthly rent, the termination takes effect 30 days after the next rent due date following the notice (50 U.S.C. § 3955).

If you materially break the lease, or break the repair duties in a way that materially affects health and safety, the tenant may give written notice that the lease will end on a date at least 30 days after you receive it unless you fix the problem within 14 days. The Act's only rent-deduction remedy covers water, hot water, heat and essential services (Neb. Rev. Stat. § 76-1425(1); Neb. Rev. Stat. § 76-1427(1)).

• If you fix the breach before the date in the notice, the lease does not end. If substantially the same problem recurs within six months, the tenant may end the lease on at least 14 days' written notice (Neb. Rev. Stat. § 76-1425(1)).
• The tenant may also recover damages and get a court order for any noncompliance, plus reasonable attorney's fees if your noncompliance is willful (Neb. Rev. Stat. § 76-1425(2)).
• If you deliberately or negligently fail to supply running water, hot water, heat or essential services, after written notice the tenant may buy them and deduct the actual and reasonable cost from rent, recover damages for the reduced rental value, or move to substitute housing and owe no rent for that period (Neb. Rev. Stat. § 76-1427(1)).
• If the failure is deliberate, the tenant may also recover substitute housing costs up to the periodic rent, and in any case under that section reasonable attorney's fees (Neb. Rev. Stat. § 76-1427(1)).
• In an eviction for nonpayment, the tenant may counterclaim, and the court may order rent paid into court while it sorts out what each side owes (Neb. Rev. Stat. § 76-1428(1)).
• After a fire or casualty that substantially impairs the home, the tenant may move out and end the lease by written notice within 14 days, or vacate the unusable part and pay reduced rent (Neb. Rev. Stat. § 76-1429(1)).
• The tenant may not end the lease, or use the water, heat and essential services remedies, for a condition the tenant, a family member or a guest caused deliberately or negligently (Neb. Rev. Stat. § 76-1425(1); Neb. Rev. Stat. § 76-1427(3)).

Nebraska has no statute that sets a general rule on subletting a home. The lease controls, so state in it whether the tenant needs your written consent (Neb. Rev. Stat. §§ 76-1401 to 76-1449 (Uniform Residential Landlord and Tenant Act)).

Either you or the tenant may end a month-to-month tenancy by written notice given at least 30 days before the periodic rental date named in the notice. A week-to-week tenancy ends on written notice given at least seven days before the termination date named in the notice (Neb. Rev. Stat. § 76-1437(1), (2)).

• Unless the lease sets a definite term, a tenancy is week to week for a roomer who pays weekly and month to month in all other cases (Neb. Rev. Stat. § 76-1414(4)).
• If the tenant stays after the tenancy ends without your consent, you may sue for possession. If the holdover is willful and not in good faith, you may also recover up to three months' periodic rent or three times your actual damages, whichever is greater, plus reasonable attorney's fees (Neb. Rev. Stat. § 76-1437(3)).

When the tenancy ends you may apply prepaid rent and the deposit to unpaid rent and to damages caused by the tenant's noncompliance with the lease or with the tenant's duties under 76-1421. Deliver or mail the balance, with a written itemization, within 14 days after the tenancy terminates (Neb. Rev. Stat. § 76-1416(2); Neb. Rev. Stat. § 76-1421).

• The clock runs from the date the tenancy terminates. The tenant's address only decides where the refund goes: if the tenant gave no mailing address or instructions, mail the balance and the itemization by first-class mail to the tenant's last-known mailing address (Neb. Rev. Stat. § 76-1416(2)).
• If the mailing comes back undeliverable, or the refunded balance is still outstanding after one year, it becomes abandoned property that you report and pay to the State Treasurer under the Uniform Disposition of Unclaimed Property Act (Neb. Rev. Stat. § 76-1416(2)).
• If you do not follow these rules, the tenant may recover the money due, court costs and reasonable attorney's fees. If your failure was willful and not in good faith, the tenant may also recover liquidated damages of one month's periodic rent or twice the deposit, whichever is less (Neb. Rev. Stat. § 76-1416(3)).
• A tenant is not liable for damages directly related to being removed by a government order because the home was unfit due to your negligence or neglect (Neb. Rev. Stat. § 76-1416(4)).
• Whoever holds the landlord's interest when the tenancy ends is bound by these rules. If you sell, you stay liable for the deposit and prepaid rent unless you assign them to the buyer and give the tenant written notice of the assignment (Neb. Rev. Stat. § 76-1416(5); Neb. Rev. Stat. § 76-1420(1)).
• If the tenant lawfully ends the lease because of your noncompliance, a fire or casualty, or an unlawful ouster, you must return all prepaid rent and recoverable security (Neb. Rev. Stat. § 76-1425(4); Neb. Rev. Stat. § 76-1429(2); Neb. Rev. Stat. § 76-1430).