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Lease Violations

14-day/30-day Notice to Tenant

If the tenant violates the lease in any way other than nonpayment of rent, the landlord may serve a 14-day/30-day notice of breach of the lease. The 14-day/30-day notice must say how the tenant is breaching the lease and that the lease will automatically terminate 30 days (or more) from the date of the notice unless the tenant fixes the problem within 14 days of the date of the notice. A landlord must use the 14-day/30-day notice for any breach except nonpayment of rent. Common causes for 14-day/30-day notices are keeping pets when the lease says “no pets”, loud parties that cause neighbors to report noise complaints, and illegal activity (such as illegal drugs) in the unit, among others.

The 14-day/30-day notice also contains a 6-month probation period. If the tenant breaches the lease in the same way within 6 months of the first 14-day/30-day notice, the landlord may choose to terminate the lease without giving the tenant an opportunity to fix the problem. To terminate the lease, the landlord serves a notice informing the tenant of how the tenant breached the lease, that it is the second such breach in a 6-month period, and setting a date for the termination of the lease. The termination date must be at least 14 days after the date of the second notice.

What to do if you get a 14-Day/30-Day Notice:

Determine what you have done to breach the lease. If the notice is unclear, contact your landlord immediately to determine the problem. Stop the breach within those 14 days, then write your landlord a letter detailing how you have solved the problem. Keep a copy for yourself. Be very careful not to breach the lease in the same manner within 6 months of the first notice. If you have not breached the lease in the manner the landlord thinks you have, or if you do not believe your behavior is a breach of the lease, get advice immediately. You can call Community Action’s Tenant Services Specialist (402-875-9353) or consult Legal Help

Nebraska Statute 76-1431(1)

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