3 Day Notice to Pay Rent or Lease Terminated for Residential Property
Noncompliance; failure to pay rent; effect.
(1) Except as provided in sections 25-21,219 and 76-1401 to 76-1449,
if there is a noncompliance with section 76-1421 materially affecting health
and safety or a material noncompliance by the tenant with the rental agreement
or any separate agreement, 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
days after receipt of the notice if the breach is not remedied in fourteen
days, and the rental agreement shall terminate as provided in the notice
subject to the following: If the breach is remediable by repairs
or the payment of damages or otherwise and the tenant adequately
remedies the breach prior to the date specified in the notice, the rental
agreement will not terminate. If substantially the same act or omission
which constituted a prior noncompliance of which notice was given recurs
within six months, the landlord may terminate the rental agreement upon
at least fourteen days' written notice specifying the breach and the date
of termination of the rental agreement.
(2) If rent is unpaid when due and the tenant fails to pay
rent within three days after written notice by the landlord of nonpayment
and his intention to terminate the rental agreement if the rent is not
paid within that period of time, the landlord may terminate the rental
agreement.
(3) Except as provided in sections §25-21,219 and 76-1401
to 76-1449, the landlord may recover damages and obtain injunctive relief
for any noncompliance by the tenant with the rental agreement or section
76-1421. If the tenant's noncompliance is willful the landlord may
recover reasonable attorney's fees.
§76-1431
Remedy for termination.
If the rental agreement is terminated,
the landlord is entitled to possession and may have a claim for rent and
a separate claim for actual damages for breach of the rental agreement
and reasonable attorney's fees as provided in subsection (3) of section
76-1431.
§76-1435
Notice.
(1) A person has notice of a fact if (a) he has actual knowledge
of it, (b) he has received a notice or notification of it, or (c)
from all facts and circumstances known to him at the time in question he
has reason to know that it exists. A person knows or has knowledge
of a fact if he has actual knowledge of it.
(2) A person notifies or gives a notice or notification to
another by taking steps reasonably calculated to inform the other in ordinary
course whether or not the other actually comes to know of it.
A person receives a notice or notification when:
(a) it comes to his attention,
(b) in the case of the landlord, it is delivered at the place of
business of the landlord through which the rental agreement was made or
at any place held out by him as the place for receipt of the communication,
or
(c) in the case of the tenant, it is delivered in hand to the tenant
or mailed to him at the place held out by him as the place for receipt
of the communication, or in the absence of such designation, to his last-known
place of residence.
(3) Notice, knowledge or a notice or notification received by
an organization is effective for a particular transaction from the time
it is brought to the attention of the individual conducting that transaction,
and in any event from the time it would have been brought to his attention
if the organization had exercised reasonable diligence.
§76-1413
