(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.
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 2001–2024 · leading case:
Blankenau v. Landess, 626 N.W.2d 588 (Neb. 2001).
Blankenau v. Landess, 626 N.W.2d 588 (Neb. 2001).
· cites it 9× “The district court determined that Blankenau mailed notice to Landess on August 20,1999, stating that the lease would not be renewed and would terminate on October 31, 1999.”
Vasquez v. Chi Props., LLC, 925 N.W.2d 304 (Neb. 2019).
· cites it 2× “The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in subsection (3) of section 76-1437. If the landlord makes reasonable efforts to obtain possession of the premises, he shall not be liable for an…”
Johnson v. Vosberg, 6 N.W.3d 216 (Neb. 2024).
· cites it 6× “” Section 6 Mathiesen v. Kellogg, 315 Neb. 840 , 1 N.”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019).
· cites it 2× “ed and the tenant shall: (1) Upon at least five days’ written notice to the landlord terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security; or (2) Demand performance of the rental agreement by the landlord and, if the tenant…”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019).
· cites it 2× “livered and the tenant shall: (1) Upon at least five days’ written notice to the landlord terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security; or (2) Demand performance of the rental agreement by the landlord and, if the…”
Bel Fury Investments Grp. v. Stewart, No. A-20-508 (Neb. Ct. App. Apr. 6, 2021).
· cites it 2× “” § 76-1437(2). Because the written lease agreement between Bel Fury and Stewart was without effect, the default statutory rule from § 76-1414(4) applied, and a month-to-month tenancy was created.”
Neb. Rev. Stat. § 76-1437(2): 1 case
Bel Fury Investments Grp. v. Stewart, No. A-20-508 (Neb. Ct. App. Apr. 6, 2021).
“” § 76-1437(2). Because the written lease agreement between Bel Fury and Stewart was without effect, the default statutory rule from § 76-1414(4) applied, and a month-to-month tenancy was created.”
Neb. Rev. Stat. § 76-1437(3): 2 cases
Johnson v. Vosberg, 6 N.W.3d 216 (Neb. 2024).
“” Section 6 Mathiesen v. Kellogg, 315 Neb. 840 , 1 N.”
Blankenau v. Landess, 626 N.W.2d 588 (Neb. 2001).
“The district court determined that Blankenau mailed notice to Landess on August 20,1999, stating that the lease would not be renewed and would terminate on October 31, 1999.”
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