Nebraska Month-to-Month Lease Agreement

Month-to-Month Lease Laws

A Nebraska month-to-month rental agreement is a contract between a landlord and a tenant that allows for a flexible rental arrangement without a fixed end date, also known as a tenancy-at-will agreement. The agreement remains active until either party gives proper notice to end it.

Termination Notice

A 30-day termination notice must be used to end a monthly lease agreement. This allows either party to terminate the tenancy without needing to provide a specific reason, as long as the notice period is adhered to.

Rent Increase Notice

Landlords can increase rent with a 30-day notice to the tenant. There is no state-imposed limit on the amount of the rent increase.

Required Disclosures

1. Lead-Based Paint Disclosure – Landlords must provide a lead-based paint disclosure if the rental property was built prior to 1978, in accordance with federal law.

2. Landlord/Agent Identification – Tenants must be given the name and address of the person authorized to manage the property, as well as the name and address of at least one owner or their representative to receive service of process, notices, and demands.

Nebraska Month-to-Month Eviction

When evicting a tenant under a month-to-month lease in Nebraska, landlords must provide a written notice to terminate the tenancy, typically giving a 30-day notice period. If the tenant does not vacate the property after this period, the landlord may proceed with filing an eviction lawsuit.

The eviction process in Nebraska can take from a few weeks to a few months, depending on factors such as court scheduling and whether the eviction is contested.

Statutes

• Neb. Rev. Stat. §§ 76-1405 – Remedies; administration and enforcement; duty to mitigate damages
• Neb. Rev. Stat. §§ 76-1409 – Courts; jurisdiction
• Neb. Rev. Stat. §§ 76-1414(1) – Terms and conditions of rental agreement; death of tenant; removal of personal property; liability
• Neb. Rev. Stat. §§ 76-1414(3) – Terms and conditions of rental agreement; death of tenant; removal of personal property; liability
• Neb. Rev. Stat. §§ 76-1415(1)(c) – Prohibited provisions in rental agreements
• Neb. Rev. Stat. §§ 76-1416(1) – Security deposits; prepaid rent
• Neb. Rev. Stat. §§ 76-1416(2) – Security deposits; prepaid rent
• Neb. Rev. Stat. §§ 76-1417 – Disclosure
• Neb. Rev. Stat. §§ 76-1419 – Landlord to maintain fit premises
• Neb. Rev. Stat. §§ 76-1421 – Tenant to maintain dwelling unit
• Neb. Rev. Stat. §§ 76-1423(1) – Access
• Neb. Rev. Stat. §§ 76-1423(2) – Access
• Neb. Rev. Stat. §§ 76-1427 – Wrongful failure to supply heat, water, hot water, or essential services
• Neb. Rev. Stat. §§ 76-1431(1) – Noncompliance; failure to pay rent; effect; violent criminal activity upon premises; landlord; powers; exceptions
• Neb. Rev. Stat. §§ 76-1431(2) – Noncompliance; failure to pay rent; effect; violent criminal activity upon premises; landlord; powers; exceptions
• Neb. Rev. Stat. §§ 76-1432(2) – Remedies for absence, nonuse, and abandonment
• Neb. Rev. Stat. §§ 76-1432(3) – Remedies for absence, nonuse, and abandonment
• Neb. Rev. Stat. §§ 76-1436 – Recovery of possession limited
• Neb. Rev. Stat. §§ 76-1437(1) – Periodic tenancy; holdover remedies
• Neb. Rev. Stat. §§ 76-1437(2) – Periodic tenancy; holdover remedies
• Neb. Rev. Stat. §§ 76-1439 – Retaliatory conduct prohibited
• Neb. Rev. Stat. §§ 76-1441 – Complaint for restitution; filing; contents
• Neb. Rev. Stat. §§ 28-611 – Issuing or passing a bad check or similar order; penalty; collection procedures
• Neb. Rev. Stat. §§ 25-2802 – Jurisdiction
• Neb. Rev. Stat. §§ 25-205 – Actions on written contracts, on foreign judgments, or to recover collateral
• Neb. Rev. Stat. §§ 25-206 – Actions on oral contracts or statutory liabilities
• Neb. Rev. Stat. § 42-903 – Domestic Violence Situations