Landlord Tenant – Lease Termination – Nebraska

76-1437
Periodic tenancy; holdover remedies.

(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.
(2)  The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.
(3)  If the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant’s holdover is willful and not in good faith the landlord, in addition, may recover an amount not more than three months’ periodic rent or threefold the actual damages sustained by him, whichever is  greater, and reasonable attorney’s  fees.  If the landlord consents to the tenant’s continued occupancy, subsection (4) of section 76-1414 applies.

76-1474

Notice.

(1) A person shall be deemed to have notice of a fact if the person:

(a) has actual knowledge of it,
(b) has received a notice or notification of it, or
(c) from all facts and circumstances known to him or her at the time in question has reason to know that it exists.

(2) A person notifies or gives a notice or notification to another by taking steps reasonably calculated to inform the other whether or not the other actually comes to know of it.  A person receives a notice or notification when:

(a) it comes to the person’s attention,
(b) in the case of the landlord, it is delivered in hand or mailed by United States mail to thelandlord’s place of business at which the rental  agreement was made or at any place held out by the landlord as the place for receipt of a communication or delivered to any individual who is deemed to be an agent pursuant to section 76-1480, or
(c) in the case of the tenant, it is delivered in hand to the tenant or mailed by United States mail to the tenant at the place held out by the tenant as the place for receipt of a communication or, in the absence of such designation, to the tenant’s last-known place of residence.

(3)  Notice, knowledge, or a notice or notification received by an organization shall be effective for a particular transaction from the time it is brought to the attention of the individual conducting the transaction and in any event from the time it would have been brought to the person’s attention if the organization had exercised reasonable diligence.