Neb. Rev. Stat. § 76-1401 et seq. § 76-1437
Periodic tenancy; holdover remedies.
Operative Text
(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. An action to recover possession of real property from a tenant who remains in possession without the landlord's consent after a lease has expired or been terminated under this section is an action for the possession of real property and is therefore subject to the 10-year statute of limitations for the possession of real property as provided in section 25-202. A cause of action to recover possession of real property from a tenant under this section accrues at the point the lease expires or is terminated and the tenant remains in possession of the property without the consent of the landlord. Blankenau v. Landess, 261 Neb. 906, 626 N.W.2d 588 (2001).
Nebraska Revised Statute § 76-1437 establishes the notice requirements for ending periodic tenancies and sets out consequences for tenants who remain after a tenancy ends. A week-to-week tenancy requires at least seven days' written notice, while a month-to-month tenancy requires at least thirty days' written notice before the specified termination date. If a tenant stays on without the landlord's consent after the tenancy ends, the landlord may pursue a court action for possession, and if the holdover is found to be willful and in bad faith, the landlord may also recover up to three months' rent or three times actual damages—whichever is greater—plus reasonable attorney's fees. The statute of limitations for a possession action under this section is ten years from the date the lease expires or is terminated.
Plain English — not legal advice.
Under Neb. Rev. Stat. § 76-1437, compliant operators provide written termination notices that meet the statutory minimums—at least seven days for week-to-week arrangements and at least thirty days for month-to-month arrangements—and specify the termination date clearly in the notice. When a tenant remains after the tenancy ends without consent, property owners generally document the lack of consent and the circumstances of the holdover, as willfulness and bad faith are factors in any enhanced damages claim. Operators who choose to accept continued occupancy should be aware that § 76-1414(4) governs the resulting tenancy, and maintaining clear written records of any such consent helps distinguish an authorized continued occupancy from an unauthorized holdover.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Neb. Rev. Stat. § 76-1437 gives tenants the right to receive proper written notice before a periodic tenancy is terminated—seven days for week-to-week tenancies and thirty days for month-to-month tenancies—and tenants may raise a landlord's failure to provide adequate notice as a defense in a possession proceeding. Tenants who remain in a unit after a tenancy ends should understand that doing so without the landlord's consent, particularly if found willful and not in good faith, can expose them to enhanced financial liability beyond ordinary rent. Tenants facing a holdover dispute or questions about whether proper notice was given may benefit from consulting a tenant-rights organization or legal aid provider familiar with Nebraska landlord-tenant law.
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.
Effective Timeline
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