Thirty-Day Notice to Cure or Quit (Material Noncompliance) (Nebraska)

THIRTY-DAY NOTICE TO CURE OR QUIT — MATERIAL NONCOMPLIANCE — NEBRASKA

TABLE OF CONTENTS

1. Caption and Parties
2. Statutory Basis
3. Premises
4. Description of Material Noncompliance
5. Cure Period
6. Termination Date
7. Consequences of Noncompliance
8. Tenant Rights and Defenses (Notice)
9. Reservation of Rights
10. Signature
11. Proof of Service
12. Nebraska Practice Notes
13. Sources and References

1. CAPTION AND PARTIES

TO: [TENANT NAME(S)], and all other persons in possession of the Premises identified in Section 3.

FROM: [LANDLORD NAME], by and through [LANDLORD'S AGENT / PROPERTY MANAGER, IF ANY].

DATE OF NOTICE: [__/__/____]

2. STATUTORY BASIS

This Notice is given pursuant to Neb. Rev. Stat. § 76-1431(1) of the Nebraska Uniform Residential Landlord and Tenant Act (the "URLTA"). Section 76-1431(1) provides that, except as otherwise provided, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with § 76-1421 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied in fourteen (14) days.

3. PREMISES

The Premises subject to this Notice are described as follows:

• Street Address: [STREET ADDRESS, UNIT/APT NUMBER]
• City / County: [CITY], [COUNTY] County, Nebraska
• ZIP Code: [ZIP]
• Rental Agreement Date: [__/__/____]
• Type of Tenancy: ☐ Written lease ☐ Oral month-to-month ☐ Other: [________________________________]

4. DESCRIPTION OF MATERIAL NONCOMPLIANCE

You are hereby notified that you are in material noncompliance with the rental agreement and/or with your tenant obligations under Neb. Rev. Stat. § 76-1421 in the following specific respects:

The acts and omissions described above constitute a material noncompliance because [EXPLAIN WHY THE BREACH IS MATERIAL — e.g., creates a health/safety risk, repeats prior violations, breaches an express material covenant].

5. CURE PERIOD

YOU ARE HEREBY REQUIRED, within FOURTEEN (14) CALENDAR DAYS after your receipt of this Notice, to:

☐ CURE the material noncompliance described in Section 4 by taking the following specific corrective action(s):

[STATE THE SPECIFIC CURE REQUIRED — e.g., "remove the unauthorized dog from the Premises permanently"; "remove the unauthorized occupant Jane Doe from the Premises permanently"; "repair the door damage at your expense to its prior condition"].

The fourteen-day cure period begins upon your receipt of this Notice and expires at 11:59 p.m. on [__/__/____] (the "Cure Deadline").

If the breach is non-remediable (such as completed property damage that cannot be undone, or conduct that has already occurred and cannot be retracted), no cure is available and the rental agreement will terminate on the Termination Date set forth in Section 6. ☐ This box is checked if the Landlord asserts the breach is non-remediable.

6. TERMINATION DATE

If you fail to cure the material noncompliance within the fourteen-day cure period, the rental agreement and your tenancy in the Premises shall TERMINATE on [__/__/____] at 11:59 p.m. (the "Termination Date"), which is not less than thirty (30) days after your receipt of this Notice.

On or after the Termination Date, you must vacate and surrender possession of the Premises, including delivery of all keys, garage remotes, and access devices.

7. CONSEQUENCES OF NONCOMPLIANCE

If you neither cure the breach within the cure period nor vacate the Premises by the Termination Date, the Landlord intends to commence a forcible entry and detainer action under Neb. Rev. Stat. §§ 25-21,219 et seq. and § 76-1441 in the County Court of [COUNTY] County, Nebraska, seeking:

1. Restitution of the Premises (a writ of restitution);
2. Judgment for any unpaid rent and rent that accrues through the date of judgment;
3. Damages caused by the breach;
4. Court costs;
5. Reasonable attorney fees as permitted by the rental agreement or by law; and
6. Any other relief the Court deems just and proper.

Trial in a forcible entry and detainer action is held not less than ten (10) nor more than fourteen (14) days after issuance of the summons. Neb. Rev. Stat. § 25-21,223. Eviction filings appear in publicly searchable court records.

8. TENANT RIGHTS AND DEFENSES (NOTICE)

This summary is provided for your information; you should consult an attorney or Legal Aid of Nebraska (1-877-250-2016) to evaluate any defense to your particular situation.

• Implied Warranty of Habitability — Neb. Rev. Stat. § 76-1419. A landlord may not weaponize a cure-or-quit notice to retaliate against a tenant who has demanded code-compliant maintenance, and a tenant whose alleged breach was caused by the landlord's failure to maintain the premises has a defense.
• Retaliation Prohibited — Neb. Rev. Stat. § 76-1439. A landlord may not bring or threaten an action for possession in retaliation for a tenant's good-faith complaint to a government agency about a housing-code violation, or for joining or organizing a tenants' union.
• Self-Help Bar — Neb. Rev. Stat. §§ 76-1430, 76-1436, 76-1441. The Landlord MAY NOT lock you out, remove your belongings, or shut off utilities to force you to leave. A tenant unlawfully excluded or whose essential services are willfully interrupted may recover possession or terminate the rental agreement and recover three (3) months' periodic rent as liquidated damages, plus reasonable attorney fees.
• Notice Defects. The notice must specify the acts and omissions constituting the breach with sufficient detail to enable the tenant to identify and cure. A vague or generic notice is defective and a defense to eviction.
• Cure Right. If you cure the breach within the fourteen-day period, the rental agreement does not terminate. § 76-1431(1). Document your cure (photos, receipts, written confirmations) and provide notice to the Landlord.
• Fair Housing — Neb. Rev. Stat. §§ 20-301 to 20-344 and 42 U.S.C. § 3601 et seq. It is unlawful to terminate a tenancy on the basis of a protected class. Reasonable accommodations for disabilities (e.g., assistance animals) are required.
• Discrimination Caveat for Pets / Occupants. A "no pet" rule cannot be enforced against a documented service or assistance animal; an "occupancy" rule cannot be enforced in a manner that discriminates against familial status.
• Right to Counsel. Tenants are entitled to retain counsel and to assert any defense in writing or at the hearing.

9. RESERVATION OF RIGHTS

Nothing in this Notice waives or limits any right or remedy the Landlord may have under the rental agreement, the URLTA, or Nebraska law, including the right to recover unpaid rent, late fees, damages, court costs, and attorney fees, whether or not the tenant cures within the fourteen-day period. The Landlord expressly reserves the right to pursue separate actions for damages and to terminate the tenancy on grounds other than those stated herein.

10. SIGNATURE

Executed this [____] day of [MONTH], [YEAR].

LANDLORD / AUTHORIZED AGENT:

Signature: [________________________________]

Printed Name: [________________________________]

Title / Capacity: [________________________________]

Mailing Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

11. PROOF OF SERVICE

I, [SERVER NAME], declare under penalty of perjury under the laws of the State of Nebraska that on [__/__/____] at approximately [____] [a.m./p.m.], I served the foregoing Thirty-Day Notice to Cure or Quit on the above-named Tenant in the manner indicated below:

☐ Personal delivery to the Tenant at the Premises.

☐ Substituted service by leaving a copy with a person of suitable age and discretion residing at the Premises (name: [________________________________]) AND mailing a copy by first-class U.S. Mail to the Tenant at the Premises.

☐ Posting and mailing: by conspicuously posting a copy at the front entrance of the Premises AND mailing a copy by first-class U.S. Mail to the Tenant at the Premises.

☐ Certified mail, return receipt requested, addressed to the Tenant at the Premises (tracking number: [________________________________]).

Server Signature: [________________________________]

Printed Name: [________________________________]

Address: [________________________________]

12. NEBRASKA PRACTICE NOTES

• Two clocks. The 14-day cure period and the 30-day termination period run concurrently from receipt; the cure deadline always expires before the termination date.
• Repeat breaches. Section 76-1431(3) addresses repeat substantially similar breaches within six (6) months: the landlord may terminate without an opportunity to cure on at least 14 days' notice. Verify current text and use a tailored notice (not this template) for that scenario.
• Violent criminal activity. Section 76-1431(4) authorizes a five-day termination notice (no cure) for the use, manufacture, sale, or possession of a controlled substance or commission of a violent criminal act on the premises. A different template is required.
• Subsidized housing. HUD program rules (24 C.F.R. Parts 247, 880, 882, 966, 982) impose additional notice and just-cause requirements that may extend or modify URLTA periods.
• Service. While the URLTA does not specify a service method for pre-suit notices, best practice is dual delivery (personal or posting AND certified mail) and retention of receipts.
• Computation. Where the cure or termination day falls on a Saturday, Sunday, or legal holiday, the period extends to the next business day under Neb. Rev. Stat. § 25-2221.
• Cure documentation. If the tenant cures, the landlord should issue a written acknowledgment to avoid arguments at trial about whether the cure was timely or sufficient.
• Mobile-home tenancies. Use the Mobile Home Landlord and Tenant Act (Neb. Rev. Stat. § 76-1450 et seq.); this template does NOT apply.

13. SOURCES AND REFERENCES

• Neb. Rev. Stat. § 76-1431 (Noncompliance; failure to pay rent; effect): https://nebraskalegislature.gov/laws/statutes.php?statute=76-1431
• Neb. Rev. Stat. § 76-1421 (Tenant to maintain dwelling unit): https://nebraskalegislature.gov/laws/statutes.php?statute=76-1421
• Neb. Rev. Stat. § 76-1419 (Landlord to maintain fit premises): https://nebraskalegislature.gov/laws/statutes.php?statute=76-1419
• Neb. Rev. Stat. § 76-1439 (Retaliatory conduct prohibited): https://nebraskalegislature.gov/laws/statutes.php?statute=76-1439
• Neb. Rev. Stat. §§ 25-21,219 to 25-21,235 (Forcible Entry and Detainer): https://nebraskalegislature.gov/laws/display_html.php?begin_section=25-21,219&end_section=25-21,235
• Neb. Rev. Stat. §§ 76-1401 to 76-1449 (URLTA): https://nebraskalegislature.gov/laws/display_html.php?begin_section=76-1401&end_section=76-1449
• Nebraska Real Estate Commission — URLTA reference: https://nrec.nebraska.gov/legal/landlordacttoc.html
• Legal Aid of Nebraska — Landlord Tenant Handbook: https://legalaidofnebraska.org/file_download/2595770f-9acb-4623-b5e2-c3b98d5fb01a
• Nebraska Equal Opportunity Commission — Fair Housing Act: https://neoc.nebraska.gov/sites/default/files/2024-06/NebraskaFairHousingAct.pdf
• Nebraska Judicial Branch — Self-Help / Landlord-Tenant: https://nebraskajudicial.gov/self-help/renterlandlord/landlord