Nebraska Month-to-Month Lease Agreement

Last Updated: April 4, 2022 by Elizabeth Souza

A Nebraska month-to-month lease agreement is a contract (written or oral) that allows a tenant to rent property from a landlord, in exchange for a fee (“rent”), for a period of thirty days at a time. The agreement remains active until either party gives proper notice to end it.

Note: For fixed term leases in Nebraska (i.e., 1-year), click here.

How do Nebraska Month-to-Month Lease Agreements Work?

A landlord and tenant can enter into a month-to-month lease through a written contract or oral agreement. It does not have to be written.

Once the lease is active, both parties are given full rights under Nebraska landlord tenant law. This includes the landlord’s responsibility to provide a habitable living space, the tenant’s responsibility to pay rent in a timely manner and all other rights and responsibilities.

How Much Notice is Needed to End the Lease?

In Nebraska, either party may terminate a month-to-month lease agreement by giving at least 30 days’ notice.  Neb. Rev. Stat. § 76-1437

Notice must be provided in written form.

How Much Notice is Needed to Raise the Rent?

Nebraska landlords may provide at least a 60 days’ notice before the expiration of the month to increase the rent. Neb. Rev. Stat. § 76-1490

Notice must also be provided in written form.

Are There Notice Delivery Requirements?

In Nebraska there are notice delivery requirements. In the case of the landlord, notice must be delivered to the place of business that was designated as the place for receipt of communication in the lease agreement.

In the case of the tenant, the notice must be delivered in person or mailed to the designated place by the tenant as the place for receipt of communication, or in the absence of the designation, the notice shall be mailed to the last known place of residence. Neb. Rev. Stat. § 76-1413

How are Month-to-Month Tenants Evicted in Nebraska?

After the landlord gives proper notice, and that period of time elapses, the lease expires and is no longer active.

If a tenant remains on the property after lease expiry, the landlord may move forward with the eviction process to remove the tenant by filing a complaint with the applicable county court in Nebraska. The process for eviction can be completed in 1-2 months, but can take longer depending on the circumstances.

For more information on the eviction process in Nebraska, click here.