NOTICE OF TERMINATION OF TENANCY AND DEMAND FOR POSSESSION

(Nebraska Residential Landlord and Tenant Act, Neb. Rev. Stat. §§ 76-1401 et seq.)

[// GUIDANCE: This template is drafted for residential tenancies subject to the Nebraska Residential Landlord and Tenant Act (“NLRTA”). Confirm that no local rent-control or housing-code ordinance imposes additional notice or service requirements.]

I. DOCUMENT HEADER

1. Parties
   1.1 Landlord: [LANDLORD LEGAL NAME], a [state of formation] [entity type OR “individual”], having a principal address at [LANDLORD ADDRESS] (“Landlord”).
   1.2 Tenant(s): [TENANT FULL LEGAL NAME(S)], currently occupying the Premises defined below (“Tenant”).

2. Premises
   Street Address: [RENTAL PROPERTY ADDRESS, CITY, COUNTY, NEBRASKA ZIP] (the “Premises”).

3. Lease Identification
   3.1 Written Lease dated [LEASE DATE] (the “Lease”); OR
   3.2 Oral month-to-month tenancy commencing [START DATE].

4. Effective Date of Notice
   This Notice is issued and deemed delivered on [DATE OF SERVICE] (the “Effective Date”).

5. Statutory Authority
   This Notice is provided pursuant to Neb. Rev. Stat. §§ 76-1413 (notice requirements) and 76-1431 (termination of tenancy).

II. DEFINITIONS

“Applicable Notice Period” means the statutory minimum period, measured from the Effective Date, during which Tenant may cure (if cure is permitted) or must vacate, as selected in Section III.

“Cure” means full performance of all obligations identified in Section III.

“Deliver” or “Delivery” has the meaning set forth in Neb. Rev. Stat. § 76-1413: personal service to Tenant, or mailing to the last-known address, or if Tenant is absent, leaving the Notice at the Premises.

“Rent Arrearage” means all unpaid rent, late fees, utilities, and other amounts due under the Lease through the Cure Deadline.

[// GUIDANCE: Add or delete defined terms to conform to the facts.]

III. OPERATIVE PROVISIONS

1. Basis for Termination (check one):
   ☐ A. Non-Payment of Rent (Neb. Rev. Stat. § 76-1431(2))
   • Amount Due: $[AMOUNT] through [DATE].
   • Applicable Notice Period: 7 calendar days to pay in full or surrender possession.
   ☐ B. Material Non-Compliance (Curable) (Neb. Rev. Stat. § 76-1431(1))
   • Description of Breach: [DESCRIPTION].
   • Tenant has 14 calendar days to Cure; if not Cured, tenancy terminates 30 calendar days after service.
   ☐ C. Illegal or Dangerous Activity (Non-Curable) (Neb. Rev. Stat. § 76-1431(4))
   • Description: [DESCRIPTION OF ILLEGAL ACTIVITY].
   • Applicable Notice Period: 5 judicial days to vacate (no Cure permitted).
   ☐ D. Holdover / Expiration of Lease Term (Neb. Rev. Stat. § 76-1437)
   • Applicable Notice Period:
   • Month-to-Month: 30 days; or
   • Week-to-Week: 7 days.

2. Cure Deadline
   If Cure is permitted, Tenant must fully Cure no later than [CALCULATED DATE] (the “Cure Deadline”).

3. Payment Directions (Non-Payment Only)
   All sums must be paid by [cashier’s check / money order / electronic transfer] to [PAYMENT LOCATION OR ACCOUNT]. Partial payments will ☐ be accepted / ☐ not be accepted. Acceptance of partial payment shall ☐ waive / ☐ not waive Landlord’s right to proceed with eviction.

4. Demand for Possession
   Tenant must vacate and surrender exclusive possession of the Premises, removing all personal property and returning all keys, on or before the last day of the Applicable Notice Period (or the Cure Deadline, if earlier and Cure is not effected).

5. Failure to Comply
   If Tenant fails to Cure (where permitted) or to vacate by the stated deadline, Landlord will file an action for restitution of the Premises and for money judgment, costs, and statutory attorney’s fees in the [COUNTY NAME] County Court (Housing Division) without further notice.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord represents that:
   a. Landlord is the legal owner or authorized agent of the Premises.
   b. The amounts stated as Rent Arrearage are true and correct as of the Effective Date.
   c. Service of this Notice complies with Neb. Rev. Stat. § 76-1413.

2. Landlord makes no other warranties, express or implied, except as expressly set forth herein.

V. COVENANTS & RESTRICTIONS

1. Tenant Covenants
   a. To Cure the breach(es) identified in Section III, if Cure is permitted.
   b. To vacate peacefully by the applicable deadline if Tenant elects not to Cure or Cure is unavailable.
   c. To leave the Premises in broom-clean condition and to repair all Tenant-caused damage, excluding ordinary wear and tear.

2. Landlord Covenant
   Landlord shall account for the security deposit in accordance with Neb. Rev. Stat. § 76-1416 within 14 days after Tenant’s surrender of the Premises and provision of a forwarding address.

VI. DEFAULT & REMEDIES

1. Events of Default
   a. Failure to Cure within the Cure Deadline (if applicable).
   b. Failure to vacate within the Applicable Notice Period.

2. Remedies
   a. Complaint for restitution of the Premises (eviction).
   b. Recovery of Rent Arrearage, holdover damages, court costs, and statutory attorney’s fees.
   c. Any additional relief permitted under the NLRTA and the Lease.

3. Cumulative Rights
   All remedies are cumulative and non-exclusive.

VII. RISK ALLOCATION

Indemnification and limitation-of-liability provisions are intentionally omitted as not applicable to a statutory eviction notice.

VIII. DISPUTE RESOLUTION

1. Governing Law
   This Notice and any resulting action shall be governed by the laws of the State of Nebraska, including the NLRTA.

2. Forum Selection
   Exclusive venue shall lie in the County Court of [COUNTY NAME], Nebraska (Housing Division), or such other court of competent jurisdiction as provided by statute.

3. Arbitration
   Arbitration is not available for forcible entry and detainer actions under Nebraska law.

4. Jury Trial
   Tenant retains the constitutional right to a jury trial where applicable.

5. Injunctive Relief
   Nothing herein limits Landlord’s right to seek immediate possession of the Premises as a statutory remedy.

IX. GENERAL PROVISIONS

1. No Waiver
   Landlord’s acceptance of rent or partial performance after service of this Notice shall not constitute a waiver unless Landlord expressly agrees in a signed writing.

2. Severability
   If any portion of this Notice is adjudged invalid, the remainder shall remain in full force.

3. Entire Notice
   This Notice constitutes the entire statutory notice required and supersedes all prior oral or written communications regarding the termination described herein.

4. Amendments
   Any amendment to this Notice must be in a signed writing by Landlord.

5. Electronic Signatures
   Signatures transmitted electronically shall be deemed originals.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned Landlord or authorized agent has executed this Notice on the Effective Date.

[LANDLORD/AGENT NAME]
Its: [Title or “Owner”]
Date: ____

CERTIFICATE OF SERVICE

I, [NAME OF PERSON SERVING], declare that on [SERVICE DATE] I served a true and correct copy of this Notice on Tenant(s) as follows (check all that apply):

☐ Personal delivery to Tenant at the Premises.
☐ Leaving the Notice at Tenant’s dwelling unit and mailing a copy to the Premises address.
☐ Certified mail to Tenant’s last-known address (receipt # ______).

I declare under penalty of perjury that the foregoing is true and correct.

Signature of Server
Date: ____

[// GUIDANCE: Keep a signed original of both the Notice and Certificate of Service for court filing. Calendar the Cure Deadline and filing date immediately upon service.]

[END OF DOCUMENT]