Breaking a lease in Nebraska

The Act gives a tenant no general right to leave a fixed-term lease early, but it limits what you can collect. If the tenant abandons the unit, you must take possession and make reasonable efforts to rent it at a fair rental; if you re-rent for a term starting before the lease ends, the old lease ends when the new tenancy begins.

Neb. Rev. Stat. § 76-1432(3)

• A party claiming damages under the Act has a duty to mitigate them. Neb. Rev. Stat. § 76-1405(1)
• A tenant who is a victim of domestic violence, with a protective order or a qualified third-party certification, may be released on 14 to 30 days' written notice; see the domestic violence topic. Neb. Rev. Stat. § 76-1431.01
• A tenant may end the lease for your uncured material noncompliance, or after a fire or casualty that substantially impairs the home. Neb. Rev. Stat. § 76-1425(1) Neb. Rev. Stat. § 76-1429(1)
• Under federal law, a tenant who enters military service after signing the lease, or who signs while in service and then receives permanent change of station orders or orders to deploy for 90 days or more, may end the lease by written notice with a copy of the orders; with monthly rent, the termination takes effect 30 days after the next rent due date following the notice. 50 U.S.C. § 3955

Either you 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. A week-to-week tenancy ends on written notice given at least seven days before the termination date named in the notice.

Neb. Rev. Stat. § 76-1437(1), (2)

• Unless the lease sets a definite term, a tenancy is week to week for a roomer who pays weekly and month to month in all other cases. Neb. Rev. Stat. § 76-1414(4)
• If the tenant stays after the tenancy ends without your consent, you may sue for possession. If the holdover is willful and not in good faith, you may also recover up to three months' periodic rent or three times your actual damages, whichever is greater, plus reasonable attorney's fees. Neb. Rev. Stat. § 76-1437(3)