Neb. Rev. Stat. § 76-1401 et seq. § 76-1433
Waiver of landlord's right to terminate.
Operative Text
Acceptance of rent with knowledge of a default by tenant or acceptance of performance by the tenant that varies from the terms of the rental agreement or rules or regulations subsequently adopted by the landlord constitutes a waiver of his right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.
Under Nebraska law, Neb. Rev. Stat. § 76-1433 establishes that a landlord who accepts rent—or accepts a tenant's non-conforming performance—while knowing that the tenant is in breach of the lease effectively gives up the right to terminate the tenancy based on that specific breach. This waiver applies equally when a tenant's conduct deviates from rules or regulations the landlord later adopted. The only exception is a separate written or oral agreement reached after the breach has already occurred, in which the parties address the landlord's right to terminate.
Plain English — not legal advice.
Neb. Rev. Stat. § 76-1433 has direct operational implications for how property owners handle rent collection and lease enforcement. Operators who are aware of a tenant's lease violation but continue to accept rent payments or accept non-conforming performance generally lose the ability to use that specific breach as grounds for termination. Compliant operators typically document any reservation of rights in writing after a breach occurs, rather than simply accepting payment and assuming enforcement options remain open.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Neb. Rev. Stat. § 76-1433 provides tenants with a meaningful protection: if a landlord knowingly accepts rent or other performance after a breach has occurred, that landlord has generally waived the right to terminate the tenancy on account of that particular breach. Tenants who face a termination notice may find it relevant to document whether the landlord accepted rent or other performance with knowledge of the alleged violation. Tenant-rights organizations in Nebraska can help individuals understand how this waiver principle might apply to their circumstances and what records are worth preserving.
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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