Neb. Rev. Stat. § 76-1401 et seq. § 76-1425
Noncompliance by landlord.
Operative Text
(1) Except as provided in the Uniform Residential Landlord and Tenant Act, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with section 76-1419 materially affecting health and safety, the tenant may deliver a written notice to the landlord 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 landlord 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 tenant may terminate the rental agreement upon at least fourteen days' written notice specifying the breach and the date of termination of the rental agreement. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his or her family, or other person on the premises with his or her consent. (2) Except as provided in the Uniform Residential Landlord and Tenant Act, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or section 76-1419 . If the landlord's noncompliance is willful the tenant may recover reasonable attorney's fees. If the landlord's noncompliance is caused by conditions or circumstances beyond his or her control, the tenant may not recover consequential damages, but retains remedies provided in section 76-1427 . (3) The remedy provided in subsection (2) of this section is in addition to any right of the tenant arising under subsection (1) of this section. (4) If the rental agreement is terminated, the landlord shall return all prepaid rent and security recoverable by the tenant under section 76-1416 . So long as a tenant has given notice when required by section 76-1419, a tenant can seek damages or injunctive relief under subsection (2) of this section without sending notice under subsection (1) of this section specifying that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice of the breach, if not remedied within 14 days. Vasquez v. CHI Properties, 302 Neb. 742, 925 N.W.2d 304 (2019). The conjunction "and" in subsection (2) of this section "serves to vest a tenant with two distinct options for relief" and does not require that both be pursued in order to pursue either. Vasquez v. CHI Properties, 302 Neb. 742, 925 N.W.2d 304 (2019).
Nebraska Revised Statutes § 76-1425 establishes what happens when a landlord materially fails to comply with a rental agreement or with the habitability standards in § 76-1419. A tenant can trigger a termination process by delivering written notice that identifies the specific breach and sets a termination date at least 30 days out, giving the landlord 14 days to fix the problem. If the landlord adequately remedies the breach in time, the agreement continues; if the same violation recurs within six months, the tenant may terminate on shorter notice. Separately, tenants may pursue damages or injunctive relief for any qualifying noncompliance, and attorney's fees are available when the landlord's noncompliance is found to be willful.
Plain English — not legal advice.
Under § 76-1425, property owners and managers are expected to respond promptly and substantively when they receive a written notice of breach from a tenant, because the 14-day cure window is the primary mechanism for avoiding lease termination. Compliant operators generally document all repair efforts and communications so they can demonstrate that a breach was adequately remedied before the termination date specified in the notice. Landlords should also be aware that repeated violations of the same type within a six-month window can shorten the notice period available to tenants, and willful noncompliance can expose them to the tenant's reasonable attorney's fees under § 76-1425(2).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 76-1425 gives Nebraska tenants two distinct paths when a landlord materially breaches the rental agreement or fails to maintain habitable conditions under § 76-1419: they may pursue lease termination through the written-notice process described in subsection (1), or they may seek damages and injunctive relief under subsection (2), or both. As clarified in Vasquez v. CHI Properties (2019), a tenant who has given the notice required by § 76-1419 can pursue damages or injunctive relief without also sending a termination notice. Tenants who believe their landlord has violated these provisions may consider contacting a local tenant-rights organization or legal aid office to understand which remedies may be available given their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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