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Nebraska Termination of Lease for Noncompliance Law

Landlord Tenant – Lease Termination – Nebraska

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


Inside Nebraska Termination of Lease for Noncompliance Law