Nebraska Month-to-Month Rental Agreement
Tenants have a few options when signing a lease in Nebraska. One of them is a Nebraska month-to-month lease agreement. With this type of rental agreement, both the landlord and tenant benefit from flexibility.
For one, either party can terminate the agreement at any time if they give the other party proper notice. For tenants, it’s simple; they can move out without waiting for the long-term lease to end. Landlords can move in a new tenant, raise rent, or conduct renovations faster.
Despite being month-to-month, these short-term agreements still require state-required disclosures to protect the landlord and tenant.
Nebraska Month-to-Month Lease Agreement
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Nebraska Lease Agreement
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Nebraska Month-to-Month Lease Laws
Regardless of the lease length, landlords must follow state-required laws, including providing disclosures. Below, we’ll go over the following in more detail as they relate to month-to-month lease agreements in Nebraska:
- Disclosures
- Notices to terminate
- Rent increases
- Evictions
- Security deposit laws
- Pet deposits and rent limitations
- Late fees
Required Landlord Disclosures (2)
Landlords must provide two disclosures to tenants when signing a new lease in Nebraska. The first is a federal guideline, while the latter is specific to Nebraska.
- Lead paint: For any houses built before 1978, landlords have to give new tenants a lead-based paint and hazard disclosure form and an EPA Pamphlet, per federal law.
- Landlord identity: Landlords in Nebraska must give the tenant their name and address. If an agent works on behalf of the landlord, the agent’s information must be provided (76-1417).
TurboTenant includes each disclosure with every lease agreement.
Required Notice to Terminate Month-to-Month Agreement
Required notice for landlord: 30 days (76-1437.2).
Required notice for tenant: 30 days (76-1437.2).
Rent Increase Laws
Nebraska law prohibits rent control or stabilization. In other words, landlords can increase the rent as desired and by any reasonable amount. The only requirement is that the landlord must provide 30-60 days’ notice (76-1490).
Rent Payment Laws
Grace period: Nebraska has no grace period requirement for late rent payments.
Late rent fees: In the state of Nebraska, setting late rent fees is optional, and no regulation dictates their amounts. However, if a landlord opts to use late fees, they must be noted in the Nebraska month-to-month lease agreement.
Tenant’s right to withhold rent: If a landlord doesn’t provide an essential service (e.g., heating, water, etc.), a tenant can pay for the service on their own, and deduct the cost from the upcoming rent owed (76-1427.1a).
Pet rent laws: Landlords can charge no more than 25% of the monthly rent for a pet deposit or a reasonable amount for pet rent, which the lease should clearly outline (76-1416.1).
Security Deposit Rules
Maximum security deposit: The deposit should cost no more than a month’s rent (76-1416.1).
Security deposit receipt: Nebraska law doesn’t require landlords to give tenants a security deposit receipt.
Deduction tracking: If the landlord must deduct funds from the security deposit, they must deliver an itemized list of deductions within 14 days of moving out (76-1416.2).
Returning a tenant’s security deposit: Landlords have 14 days to get a security deposit back to a tenant, less qualifying deductions (76-1416.2).
Pet deposit rules: A pet deposit should not exceed 25% of the monthly rent (76-1416.1).
Property Access Regulations
Advance notice: According to Nebraska law, landlords should give tenants 24 hours’ written notice before entering the rental. They can only access the property at an acceptable hour. The notice must include the reason for accessing the property and the time of entry (76-1423.3a-b).
Immediate access: When an emergency arises, a landlord does not have to give notice before entry (76-1423.3).
Landlord harassment: Landlords may only enter the property for qualifying reasons, including emergencies. If a landlord continues to enter the property without proper notice, cause, or outside of reasonable hours, the court could view that as landlord harassment. Harassment is grounds for a court order, early lease termination, and/or lawsuit for damages of 100% of the month’s rent, lawyer fees, and more (76-14,105.2).
Rental Agreement Violations
Missed rent payment: A Nebraska landlord may notify the tenant to pay or quit, which should be a minimum of 7 days (76-1437.2).
Lease violation: A landlord can first send a 14-day or 30-day notice to cure or quit when a tenant violates a lease. If the tenant doesn’t cure the breach within the notice specified, the lease will end after that date (76.1431.1).
Self-help evictions: Like many states, self-help evictions are not legally permissible in Nebraska. If a landlord performs a self-help eviction, the tenant has the right to sue the landlord for damages not to exceed attorney fees and 300% of the monthly rent (76-1430).
Lease abandonment: Nebraska law requires tenants to give landlords a 7-day written heads-up if they will not occupy the property for at least 7 days. If a tenant is absent and has not provided written notice about the absence for 30 days or more, it’s considered property abandonment. That distinction allows the landlord to reclaim the property. Tenants may also have to pay for missed rent during that time, in addition to advertising fees and other costs associated with re-renting the property (76-1432).
Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws, and consult legal counsel should questions arise.
Nebraska Month-to-Month Lease Agreement FAQs
What is a Nebraska month-to-month lease agreement?
A short-term rental agreement is a good way to think about Nebraska’s month-to-month lease agreements. It’s an agreement that renews with each successive rent payment, and a landlord or tenant can terminate it at any time with notice.
What’s the difference between a fixed-term lease and a month-to-month agreement?
Fixed-term leases and month-to-month leases both outline lease terms with a tenant. However, a Nebraska month-to-month lease agreement is a short-term agreement with tenants-at-will, meaning the agreement renews every 30 days. Fixed-term leases typically range from 6 months to 1 year.
How to end a Nebraska month-to-month lease agreement?
The way to end a Nebraska month-to-month lease agreement is to give 30 days’ written notice. Either the landlord or tenant can do this (76-1437.2).
