Breaking a lease in Nebraska

If you are the tenant

• Tenant or landlord: Either the landlord 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; the tenancy ends on that rental date (76-1437(2)).

Written notice required: Yes. Notice ending a periodic tenancy must be written (76-1437). Notice to a landlord can be delivered at its place of business or by agreed electronic means (76-1413).

• week-to-week, both: 7 days. Either party may end a week-to-week tenancy by written notice given at least 7 days before the termination date named in the notice (76-1437(1)).

A tenant who abandons the unit before the lease ends stays liable under the lease, but the landlord must make reasonable efforts to re-rent at a fair rental; if the unit is re-rented for a term starting before the lease ends, the old lease ends when the new tenancy begins (76-1432(3)).

Landlord's duty to re-rent: Yes. The landlord must make reasonable efforts to re-rent an abandoned unit at a fair rental (76-1432(3)), and every aggrieved party under the Act has a duty to mitigate damages (76-1405).

Lease-break fees: No statutory limit on general lease-break fees; the lease controls, subject to the landlord's duty to mitigate. No fee may be charged solely for a domestic-violence release (76-1431.01(4)(b)) or a covered military termination (55-702(4)).

• Domestic violence, sexual assault or stalking (Neb. Rev. Stat. 76-1431.01)

  A victim (or a tenant whose household member is a victim) can get a release by giving the documentation and a written notice naming a release date 14 to 30 days later.

  Notice:

  14 days, in writing

  Proof:

  Copy of a protection order, restraining order or similar relief against the perpetrator, or a certification of domestic violence from a qualified third party as described in the federal VAWA housing rules (76-1431(5)(a)(iii)).

  What you still owe:

  Tenant owes rent for the month in which the agreement was terminated; no rent or damage liability after the release date and no fee solely for terminating.

• Military service (state law) (Neb. Rev. Stat. 55-702 (LB682, 2018))

  A Nebraska law adds to the SCRA and also covers Nebraska National Guard members on Governor's orders for more than 30 consecutive days; it does not apply if a spouse stays on as tenant because government housing is not available to the spouse.

  Proof:

  Written or electronic notice plus a copy of the military orders (orders to relocate for at least 90 days to a place not covered by the lease, and the servicemember must move into government-owned or leased housing).

  What you still owe:

  For monthly rent, the lease ends 30 days after the next rent due date after notice; no early termination charge; deposit and prepaid rent returned.

• Unit unlivable or landlord fails to repair (Neb. Rev. Stat. 76-1425)

  If the landlord does not remedy a material breach within 14 days of written notice, the lease ends on a date at least 30 days after the notice.

  Notice:

  30 days, in writing

  Proof:

  Written notice listing the landlord's material breach or health-and-safety violation.

  What you still owe:

  Lease ends on the date in the notice if the landlord does not fix the breach within 14 days; landlord returns prepaid rent and deposit.

• Unit unlivable or landlord fails to repair (Neb. Rev. Stat. 76-1429)

  If fire or casualty substantially impairs use of the unit, the tenant may move out at once and give written notice within 14 days to end the lease.

  Notice:

  14 days, in writing

  Proof:

  Written notice within 14 days after vacating.

  What you still owe:

  Lease ends on the date the tenant vacated; rent is accounted as of the casualty date.

• Landlord harassment or illegal entry (Neb. Rev. Stat. 76-1438(2))

  If the landlord abuses its right of entry so as to harass the tenant, the tenant may end the rental agreement (or seek an injunction).

  Proof:

  Landlord made an unlawful entry, a lawful entry in an unreasonable manner, or repeated demands for entry that unreasonably harass the tenant.

  What you still owe:

  Tenant may also recover actual damages of not less than one month's rent plus reasonable attorney's fees.

• Other (Neb. Rev. Stat. 76-1426)

  If the landlord fails to deliver possession of the unit at the start of the tenancy, the tenant may end the rental agreement on at least 5 days' written notice.

  Notice:

  5 days, in writing

  Proof:

  Written notice to the landlord at least 5 days before termination.

  What you still owe:

  Rent abates until possession is delivered; landlord returns all prepaid rent and security.

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

• Unless the lease sets a definite term, a tenancy is month to month (week to week for a roomer paying weekly) (76-1414(4)).
• Absence without notice for one full rental period or 30 days, whichever is less, counts as abandonment (76-1432(3)).
• A tenant who wilfully holds over can owe up to three months' rent or three times actual damages, plus attorney's fees (76-1437(3)).

• Write a Nebraska notice to vacate
• Nebraska security deposit law: getting your deposit back after you move

• Neb. Rev. Stat. 76-1437 Retrieved October 13, 2026.
• Neb. Rev. Stat. 76-1405 Retrieved October 13, 2026.
• Neb. Rev. Stat. 76-1432 Retrieved October 13, 2026.
• Neb. Rev. Stat. 76-1431.01 Retrieved October 13, 2026.
• Neb. Rev. Stat. 76-1431 Retrieved October 13, 2026.
• Neb. Rev. Stat. 76-1425 Retrieved October 13, 2026.
• Neb. Rev. Stat. 76-1429 Retrieved October 13, 2026.
• Neb. Rev. Stat. 76-1413 Retrieved October 13, 2026.
• Neb. Rev. Stat. 76-1414 Retrieved October 13, 2026.
• Neb. Rev. Stat. 55-702 Retrieved October 13, 2026.
• LB682 (2018) slip law, incl. definition of military service Retrieved October 13, 2026.
• Neb. Rev. Stat. 76-1426 Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.