Nebraska Housing Laws

Housing Laws

Ending a lease

Basic info and definitions

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 Neb. Rev. Stat. § 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:

¹ Neb. Rev. Stat. § 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 Neb. Rev. Stat. § 76-1410(6)

How does Nebraska law define a qualified third party?

In Nebraska, a “qualified third party” provides services to victims of domestic violence and sexual assault. It can be either:

a nonprofit organization; or
a federally recognized Indian Tribe located in Nebraska.¹

¹ Neb. Rev. Stat. § 76-1410(11)

Breaking your lease

What documents or proof do I need to give to my landlord to get out of my lease?

If you are the tenant and you or a member of your household is a victim of any of the qualifying crimes, you must do the following to break your lease:

show your landlord one of the following documents:

a restraining order, protective order, or another 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;” and

give your landlord a written notice that includes:

the names of any other household members who will also be leaving; and
the date that you want your lease to end.¹

The date you choose to end your lease, the “release date,” must be between 14 and 30 days from the date you provide the notice.¹ For example, let’s say you give your landlord notice on March 1^st. You would then be able to choose any day between March 15^th and March 31^st for your lease to end.

Note: For the purposes of this law, a notice or document can be considered “written” if it is provided by email or other electronic means. However, you can only use that option if the landlord has already agreed to receive notices by email.²

¹ Neb. Rev. Stat. § 76-1431.01(1), (2)
² Neb. Rev. Stat. §§ 76-1410(18); 76-1413(4), (8)

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 20^th that you want your lease to end on October 5^th. You will still be responsible for October’s rent, but you won’t have to pay any more rent after that.

¹ Neb. Rev. Stat. § 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 Neb. Rev. Stat. § 76-1431.01(5)
² Neb. Rev. Stat. § 76-1431.01(6)

Removing the abuser from a shared home

Who is protected by the law that allows an abuser to be evicted from a shared home?

This law protects victims who share a rental home with the abuser. If the abuser commits domestic violence against you or another household member, you may be able to have the abuser removed from your home without needing to end your lease.¹

¹ Neb. Rev. Stat. § 76-1431.02(1)

What documentation is accepted under the Violence Against Women Act?

To have the abuser removed from your home, you may provide certain types of proof that the abuse happened. According to the Violence Against Women Act (VAWA), this proof can be any of the following:

a certification form from the government agency running the housing program you are covered by that says all of the following:
1. that you or a member of your household is a victim of domestic violence, dating violence, sexual assault, or stalking;
2. that this abuse meets the requirements of VAWA that qualify you or your household member for protection; and
3. the name of the person who committed the abuse, if you know their name and it is safe for you to give it;
a document that:
1. is signed by you as well as a qualified third party from whom you got help related to the domestic violence, dating violence, sexual assault, or stalking:
  1. an employee agent, or volunteer of a victim service provider;
  2. an attorney;
  3. a medical professional; or
  4. a mental health professional; and
2. says under oath that the professional from the list above who signed the form believes that the abuse is the reason you need the protection of this law;
an official record of a local, state, federal, tribal, or territorial:
1. law enforcement agency;
2. court; or
3. administrative agency; or
other evidence that you can give regarding the abuse and your need for protection.¹

Note: The way VAWA defines this is different than how a qualified third party works under Nebraska law. See How does Nebraska law define a qualified third party? for more information.

¹ 34 U.S.C. 12491(c)(3); see 34 U.S.C. 12491(a)(2)-(3) for more details about the government agencies and housing programs included.

What documents do I need to give the landlord to remove the abuser?

To remove the abuser from your shared home, you must give your landlord both:

proof of the abuse, which can be either:
- a protective order, restraining order, or another similar order against the abuser; or
- certification from a qualified third party as defined by the Violence Against Women Act;¹ and
a written document that includes the following information:
- the abuser’s full legal name;
- the date you want the landlord to serve the termination notice on the abuser. The date you choose must be at least five days but no more than 30 days from the day you give this notice to the landlord; and
- a safe way the landlord can communicate with you in the future.²

After you take these steps, the landlord can evict the abuser. The landlord must serve the termination notice on the day you chose so that you can plan for your safety.³ If the abuser ignores the termination notice, the landlord will have to file an eviction case against them. The landlord must also send you a notice of the date that a hearing is scheduled in that eviction case. However, if you have followed all the required steps, you will not be evicted during this process.⁴

The landlord is not allowed to let the abuser back into your home unless a law enforcement officer is with them.⁵

¹ Neb. Rev. Stat. §§ 76-1431.02(1); 76-1431(5)(a)(iii); 34 U.S.C. 12491(c)(3)
² Neb. Rev. Stat. § 76-1431.02(2)
³ Neb. Rev. Stat. § 76-1431.02(3)
⁴ Neb. Rev. Stat. § 76-1431.02(4)(b)
⁵ Neb. Rev. Stat. § 76-1431.02(4)(c)

Can I ask the landlord to change my lock once the abuser is gone?

After the abuser moves out, the landlord must also change your lock and tell you how to get the new key.¹ The landlord must replace the entire lock with one that is at least as good. If the original lock is still in working condition, the landlord may instead “rekey” the lock, or reset the entry code if it is a keyless system.² The landlord can keep a copy of the new key or entry code, just as they would when a new tenant moves into the unit.³

¹ Neb. Rev. Stat. § 76-1431.02(4)(a), (4)(c)
² Neb. Rev. Stat. § 76-1431.04(1)
³ Neb. Rev. Stat. § 76-1431.04(3)

What if the abuser also tries to have me evicted?

If both tenants ask the landlord to evict the other tenant, they will both need to provide qualifying documentation. However, in this situation, the landlord is only required to evict a tenant if there is a court order against them requiring them to leave. If neither tenant has a court order granting them possession of the home, the landlord is not required to evict anyone until a court order directs them to do so.¹

¹ Neb. Rev. Stat. § 76-1431.02(5)

Changing the locks if the abuser does not live with you

Can I ask the landlord to change my locks if I am a victim of domestic violence?

The landlord may be required to change your locks if you or a member of your household is abused by someone who does not live with you.¹

¹ Neb. Rev. Stat. § 76-1431.03(1)

What documents do I need to give the landlord to have my locks changed?

To have your locks changed, you need to give your landlord both:

proof of the abuse, which can be either:
- a protective order, restraining order, or other similar order against the abuser; or
- certification from a qualified third party as defined by the Violence Against Women Act;¹ and
a written notice that you would like the locks to be changed immediately.²

¹ Neb. Rev. Stat. §§ 76-1431.03(1); 76-1431(5)(a)(iii); 34 U.S.C. 12491(c)(3)
² Neb. Rev. Stat. § 76-1431.03(2)

How and when is the landlord required to change the locks?

Once you have provided the required notice, the landlord must change your locks within 24 hours.¹ The landlord must replace the entire lock with one that is at least as good. If the lock is still in working condition, the landlord may instead “rekey” the lock, or reset the entry code if it is a keyless system.²

The landlord can keep a copy of the new key or entry code, just as they would when a new tenant moves into the unit.³

¹ Neb. Rev. Stat. § 76-1431.03(3)
² Neb. Rev. Stat. § 76-1431.04(1)
³ Neb. Rev. Stat. § 76-1431.04(3)

Can the landlord force me to pay for the replacement?

The landlord can require you to pay for the actual costs of replacing your lock as long as the costs are “reasonable.”¹

¹ Neb. Rev. Stat. § 76-1431.04(4)

What if the landlord doesn’t replace my lock?

If the landlord does not replace your lock as required by this law, you can change the lock yourself. Your new lock has to be at least as good as the old lock. You must tell the landlord that the lock has been changed and arrange to give the landlord the new key or entry code.¹

Note: It does not matter if your lease says that you cannot do this – this law applies even if the lease says it does not.¹

¹ Neb. Rev. Stat. § 76-1431.04(2)

Protection from eviction

Who is protected by this housing law?

In general, a landlord may have the right to evict someone if they:

commit certain crimes;
endanger other people; or
damage or threaten to damage the property itself.¹

This is true whether the abuser is a tenant, an occupant, or just someone who’s on the property with the tenant’s permission. However, you may be protected from eviction if the abuser is not a member of your household and you take certain steps to protect yourself.¹

If the abuser is also a tenant or member of your household, see Removing an abuser from a shared home.

¹ Neb. Rev. Stat. § 76-1431(4)

What actions by the abuser qualify for eviction under this law?

The landlord has the right to evict any tenant or occupant if they do any of the following in the rented home:

violent criminal activity;
illegal sale of any drug (“controlled substance”); or
any other activity that threatens the health or safety of:

the other tenants;
the landlord;
the landlord’s employees; or
the landlord’s agents.¹

“Activity” in #3 above includes but is not limited to:

actual or threatened physical assault;
actual or threatened illegal use of a firearm or other weapon;
possession of a drug other than one prescribed by a doctor, if the tenant knew or should have known it was there; or
any other actual or threatened activity that would threaten the health or safety of any person or damage to the property.¹