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Español- What housing laws can protect me if I need to break my lease?
- How does the law define an act of domestic violence?
- How does the law define a household member?
- What documents or proof do I need to give to my landlord to get out of my lease?
- Once I notify my landlord that I want to end my lease, do I still have to pay my rent?
- If I end my lease, will my roommate or family members be kicked out of the residence?
What housing laws can protect me if I need to break my lease?
If you are the tenant, there is a housing law in Nebraska that allows you to break (terminate) your lease if you or a member of your household is a victim of an act of domestic violence. The law refers to breaking your lease as getting a “release” from your rental agreement. The date on which your lease ends is called the “release date.”
If your lease is terminated because of this law, you will not have to pay rent after the release date or pay for any damages to the home that happened after the release date. You also cannot be charged any extra fees just for ending your lease early.1 However, if you owe fees for other things under your lease before the release date, you will still be responsible for those.
1 NE R.S. § 76-1431.01(1), (4)
How does the law define an act of domestic violence?
Under this law, an act of domestic violence includes any of the following:
- domestic abuse;
- sexual assault in the first, second, or third degree;
- sexual assault of a child in the first, second, or third degree;
- domestic assault;
- stalking;
- abuse of an elder or vulnerable adult; or
- labor or sex trafficking.1
1 NE R.S. § 76-1410(1)
How does the law define a household member?
If you are the tenant, Nebraska law defines a household member as any child or adult who lives with you. The abuser does not count as a household member for the purposes of this law.1
1 NE R.S. § 76-1410(6)
What documents or proof do I need to give to my landlord to get out of my lease?
If you (the tenant) or a member of your household is a victim of any of the qualifying crimes, you must do the following:
- show your landlord one of the following documents:
- a restraining order, protective order, or other similar order from the court against the abuser; or
- a written statement (certification) that confirms the act of domestic violence from a “qualified third party;”1 and
- give your landlord a written notice, which includes:
- the names of any other household members who will also be leaving; and
- the specific date that you want your lease to end.3
Note: A “qualified third party” is a nonprofit organization, which provides services to victims of domestic violence and sexual assault.2
The date you choose to end your lease (“release date”) must be between 14 and 30 days from the date you provide the notice.3 For example, let’s say you give your landlord notice on March 1st. You would then be able to choose any day between March 15th and March 31st for your lease to end.
1 NE R.S. § 76-1431.01(1), (2)
2 NE R.S. § 76-1410(11)
3 NE R.S. § 76-1431.01(2)
Once I notify my landlord that I want to end my lease, do I still have to pay my rent?
Once you give the written notice to your landlord, you still have to pay your rent for the whole month in which the lease ends.1
For example, let’s say you give notice on September 20th that you want your lease to end on October 5th. You will still be responsible for October’s rent, but you won’t have to pay any more rent after that.
1 NE R.S. § 76-1431.01(3)
If I end my lease, will my roommate or family members be kicked out of the residence?
The only people who will have to leave the residence with you are any household members that you specifically listed in the notice you gave your landlord. Otherwise, if your roommate or family members are listed as “tenants” on the lease, their tenancy still continues, even if you end yours.1
Note: An abuser cannot end his/her lease early under this law.2
1 NE R.S. § 76-1431.01(5)
2 NE R.S. § 76-1431.01(6)
