Nebraska Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant

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US-00895BG
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Description

A tenancy from month to month is one under which a tenant, holding an estate in land for an indefinite duration, pays a monthly rental. This form is a generic pleading that may be referred to when preparing a complaint or petition to recover possession of premises from a month-to-month tenant after the tenant has been give the statutory notice to quit (e.g., to give up or leave) the premises.

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FAQ

1st Offense ? Tenant has 14 days to remedy the breach. The notice must include language which describes how the breach can be fixed, whether it be by repairs or payment. If the breach is not fixed within fourteen (14) days, the rental agreement will terminate within 30 days.

First, be prepared to move out in 30 days. If the landlord does not fix the problem within 14 days of your notice, your right to occupy the unit will end 30 days after your notice (or on the later date you put in the notice). This means you have to move out.

Noncompliance; failure to pay rent; effect; violent criminal activity upon premises; landlord; powers; exceptions.

A landlord cannot evict a tenant without first going to court and getting a court-ordered eviction. The legal term for an eviction is ?restitution of premises?.

In Nebraska, a landlord is not required to include an early termination clause in the lease. An early termination clause allows a tenant to terminate a lease early in exchange for paying a penalty. Generally, an early termination clause allows a tenant to break a lease anywhere from 30-60 days after providing notice.

Landlord and tenant remedies for abuse of access or entry. (1) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case, the landlord may recover actual damages and reasonable attorney's fees.

30-Day Notice to Quit (Month-to-Month Tenancy) ? For use by a party to let the other party know that the month-to-month tenancy will not be renewed at the end of a certain period. The minimum time period as provided by Nebraska law is 30 days.

(1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days prior to the termination date specified in the notice.

A 30-day notice period means that notice can be given on any day of the month and the period will then terminate in 30 days' time.

Section 76-1432 - Remedies for absence, nonuse, and abandonment (1) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven days as required in section 76-1424 and the tenant willfully fails to do so, the landlord may recover actual damages from ...

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Nebraska Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant