Thirty-Day Notice to Terminate Periodic Tenancy (No Cause) (Nebraska)

THIRTY-DAY NOTICE TO TERMINATE PERIODIC TENANCY — NEBRASKA

TABLE OF CONTENTS

1. Caption and Parties
2. Statutory Basis
3. Premises and Tenancy
4. Notice of Termination
5. Surrender Obligations
6. Holdover Consequences
7. Security Deposit Return
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. § 76-1437 of the Nebraska Uniform Residential Landlord and Tenant Act. Section 76-1437 provides that the landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the periodic rental date specified in the notice; for a week-to-week tenancy, the notice period is at least seven (7) days.

3. PREMISES AND TENANCY

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]
• Tenancy Commenced: [__/__/____]
• Periodic Rental Date: the [1st / 15th / OTHER] day of each calendar [month / week]
• Type of Tenancy: ☐ Month-to-month ☐ Week-to-week ☐ Other periodic: [________________________________]

This is NOT a fixed-term lease that has been converted to a periodic tenancy by holdover unless this box is checked: ☐.

4. NOTICE OF TERMINATION

YOU ARE HEREBY NOTIFIED that the periodic tenancy described in Section 3 is TERMINATED effective [__/__/____] at 11:59 p.m. (the "Termination Date").

The Termination Date is:

• For a month-to-month tenancy, at least thirty (30) days after the date of this Notice and falls on the day immediately preceding the next periodic rental date; OR
• For a week-to-week tenancy, at least seven (7) days after the date of this Notice and falls on the day immediately preceding the next periodic rental date.

This Notice does not specify a reason for termination, and Nebraska law does not require one for a periodic tenancy. The Landlord nevertheless certifies that this termination is not motivated by retaliation under Neb. Rev. Stat. § 76-1439 or by any factor prohibited by the Nebraska Fair Housing Act, the Federal Fair Housing Act, or any applicable local ordinance.

5. SURRENDER OBLIGATIONS

On or before the Termination Date, you must:

1. Vacate the Premises and remove all persons and personal property;
2. Deliver all keys, garage remotes, mail keys, parking permits, and access devices to the Landlord at [ADDRESS / OFFICE];
3. Leave the Premises in clean condition, broom-swept, and reasonably free of damage beyond ordinary wear and tear;
4. Provide the Landlord with a written forwarding address for security-deposit return and tax documentation purposes; and
5. Pay any rent owed through the Termination Date.

A walk-through inspection is offered for [__/__/____] at [____] [a.m./p.m.]. To schedule, contact [LANDLORD CONTACT].

6. HOLDOVER CONSEQUENCES

If you fail to vacate by the Termination Date:

1. The Landlord may file 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;
2. Under Neb. Rev. Stat. § 76-1437, if your holdover is willful and not in good faith, the Landlord may recover an amount not more than three (3) months' periodic rent or threefold the actual damages sustained, whichever is greater, and reasonable attorney fees;
3. You will remain liable for rent at the periodic rate through the date possession is restored to the Landlord; and
4. You will be liable for court costs and any other damages permitted by law.

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.

7. SECURITY DEPOSIT RETURN

Pursuant to Neb. Rev. Stat. § 76-1416, within fourteen (14) days after termination of the tenancy and your delivery of possession AND your provision of a forwarding address, the Landlord will deliver or mail to you the balance of the security deposit (less itemized lawful deductions) along with a written itemization. A willful failure to comply entitles you to liquidated damages equal to one month's periodic rent or twice the security-deposit amount, whichever is less, plus reasonable attorney fees.

Forwarding address (please provide):

[________________________________]

[________________________________]

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.

• Retaliation Prohibited — Neb. Rev. Stat. § 76-1439. A landlord may not terminate a tenancy in retaliation for a tenant's good-faith complaint to a government agency about a housing-code violation, joining or organizing a tenants' union, or other protected activity. Even a no-cause termination is unenforceable if motivated by such retaliation.
• 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 race, color, religion, sex, familial status, national origin, disability, or any class protected by federal, state, or local law (including, in some Nebraska municipalities, source of income).
• Defective Notice. A 30-day notice that does not run to the next periodic rental date, fails to specify a date certain, or is served on fewer than all named tenants is defective and a defense to eviction.
• Federal Subsidized Tenancies. If the tenancy is HUD-subsidized (Section 8 voucher, public housing, LIHTC, USDA-RD), federal law generally prohibits no-cause termination during an initial term and after, "good cause" plus additional notice is typically required (see 24 C.F.R. Parts 247, 880, 882, 966, 982).
• Self-Help Bar — Neb. Rev. Stat. §§ 76-1430, 76-1436, 76-1441. Even after the Termination Date, the Landlord may not lock you out, remove your belongings, or shut off utilities to force you to leave; the Landlord must obtain a writ of restitution executed by the sheriff.
• 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 or Nebraska law, including the right to recover unpaid rent, damages, court costs, and attorney fees. The Landlord expressly reserves all such rights.

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 Terminate Periodic Tenancy 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

• Periodic rental date alignment. Section 76-1437 requires the notice to be given "at least thirty days prior to the periodic rental date specified in the notice." This means a notice served mid-month for a tenancy that runs from the 1st to the 1st can effect termination only at the end of the FOLLOWING month, not 30 days from service.
• Mailing buffer. Add 3-5 calendar days to allow for mail receipt; courts will not rescue a notice that was mailed too late.
• Mobile homes — different notice. Mobile-home park tenancies are governed by the Mobile Home Landlord and Tenant Act (Neb. Rev. Stat. § 76-1450 et seq.), which generally requires longer notice (often 60 days for rule changes; verify current text).
• Local ordinances. Some Nebraska municipalities have enacted source-of-income, just-cause, or relocation-payment ordinances. Check Omaha and Lincoln municipal codes and any relevant local rental-licensing program.
• Repeated short-term notices. Serving multiple sequential 30-day notices to coerce rent increases or behavior changes risks being characterized as retaliation or constructive eviction.
• Subsidized housing. Federal "good cause" rules trump § 76-1437 for HUD-subsidized tenancies and most LIHTC/HCV households.
• Section 76-1437 holdover penalty. The treble-rent / threefold-damages remedy is potent; document the willfulness of any holdover (continued rent acceptance refusals, communications, etc.) for trial.

13. SOURCES AND REFERENCES

• Neb. Rev. Stat. § 76-1437 (Periodic tenancy; holdover remedies): https://nebraskalegislature.gov/laws/statutes.php?statute=76-1437
• Neb. Rev. Stat. § 76-1416 (Security deposits; prepaid rent): https://nebraskalegislature.gov/laws/statutes.php?statute=76-1416
• 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
• Neb. Rev. Stat. § 76-1450 et seq. (Mobile Home Landlord and Tenant Act): https://nebraskalegislature.gov/laws/display_html.php?begin_section=76-1450&end_section=76-14,111
• Nebraska Fair Housing Act (Chapter 20, Article 3): https://nebraskalegislature.gov/laws/display_html.php?begin_section=20-301&end_section=20-344
• Nebraska Equal Opportunity Commission — Fair Housing Act: https://neoc.nebraska.gov/sites/default/files/2024-06/NebraskaFairHousingAct.pdf
• Federal Fair Housing Act, 42 U.S.C. § 3601 et seq.: https://www.justice.gov/crt/fair-housing-act-1
• Legal Aid of Nebraska — Landlord Tenant Handbook: https://legalaidofnebraska.org/file_download/2595770f-9acb-4623-b5e2-c3b98d5fb01a
• Nebraska Judicial Branch — Self-Help / Landlord-Tenant: https://nebraskajudicial.gov/self-help/renterlandlord/landlord