Nebraska Month-to-Month Lease Agreement

Legal Aspects of Month-to-Month Leases in Nebraska 

A Nebraska month-to-month lease agreement operates on a tenancy-at-will basis, allowing either party to terminate the agreement with a notice period. Unlike fixed-term rentals, these agreements automatically renew unless a termination notice is provided.

Lease Termination and Renewal 

• At the end of each month, either party may renew or terminate the lease with proper notice.
• Nebraska allows either the landlord or tenant to terminate a month-to-month lease by giving 30 days’ advance notice.
• Nebraska tenants who violate a month-to-month lease or remain on the property after a valid termination notice may face eviction. Evictions in Nebraska usually take one to two months.

Rent Increases

• Nebraska doesn’t have rent control laws that limit the amount landlords can charge for rent. However, state law allows local governments to establish their rent control laws.
• Nebraska landlords can increase rent with reasonable notice, except for discriminatory or retaliatory reasons or if specified in the lease.
• In Nebraska, landlords aren’t allowed to increase the rent during a lease term and don’t provide a written notice of 30 days to their tenants before any changes are made.

Security Deposit 

• Nebraska law stipulates that a landlord cannot ask for a security deposit of more than one month’s rent. 
• If the tenant has a pet, the landlord may request an additional pet deposit of up to one-quarter of one month’s rent.
• Tenants should forward the landlord an address in writing as soon as they move out. The landlord must return the deposit and list of deductions within 14 days of the lease end.
• If no forwarding address is provided by the tenant within 60 days of the lease end, the deposit goes to the State Treasurer’s office as unclaimed property.

Tenant Rights

• In Nebraska, the landlord must deliver possession of the rental unit to the tenant at the beginning of the lease term.
• Tenants have freedom from landlord retaliation for complaining about code violations to the governmental housing agency.
• Tenants have the right to be protected from unauthorized entry to their rented property by landlords and their representatives.
• The landlord must maintain the property’s essential features and ensure the tenant’s peaceful enjoyment of the lease.

Required Disclosures 

In Nebraska, landlords must give tenants written disclosures about their rights and lease terms, even for month-to-month leases. These disclosures can be included as a separate notice.

• As federal law requires, landlords must provide tenants with a lead-based paint disclosure for rental properties built before 1978.
• The landlord or agent must provide the tenants with the names and addresses of all the authorized persons responsible for managing or entering the premises. 
• In addition, at least one owner of the property or the authorized representative’s name and address should also be shared for the service of process, notices, and demands.