Nebraska lease ending and holdover law: no renewal clause rule, but a willful holdover costs up to three months

How do you end a periodic tenancy?

Subsection (1) lets either the landlord or the tenant end a week-to-week tenancy with written notice at least seven days before the termination date in the notice. Subsection (2) does the same for month to month with written notice at least thirty days before the periodic rental date named in the notice.

The notice is measured to a rental date, not to an arbitrary day, so a notice that lands in the middle of a rent period lines up with the next rent date at least thirty days away.

Example a made-up tenant on a month-to-month tenancy has rent due on the first. A written notice received on March 10 must name a rental date at least thirty days later, so the earliest it can end is May 1, because April 1 is only 22 days away.

What can you recover from a holdover tenant?

Subsection (3) covers a tenant who remains in possession without the landlord's consent after the term of the rental agreement or its termination. The landlord may bring an action for possession. If the holdover is willful and not in good faith, the landlord may also recover an amount not more than three months' periodic rent or threefold the actual damages sustained, whichever is greater, and reasonable attorney's fees.

The words "without the landlord's consent" matter. Taking rent after the lease ends, or telling the tenant to stay on, can be read as consent. In that case the statute points to subsection (4) of section 76-1414, which I did not read for this post, and the remedy above is not the tool.

Does Nebraska say anything about an automatic renewal clause?

Not in this section. It has no notice requirement for a renewal clause and no rule on how large or visible a clause must be. Whether a renewal clause is enforceable is then a matter of the lease and general contract law, which is a question for a Nebraska attorney. A cautious owner sends a written reminder before the end date anyway.

• Write the renewal period and the notice deadline into the lease in plain words.
• Send a dated reminder before the deadline.
• Keep a record of whether the landlord consented to the tenant staying on.

Questions to settle before the lease ends

Three questions come up at every lease end. Did the tenant get a written notice, and does it name a rental date at least thirty days away for a month-to-month tenancy? Did you accept rent after the end date, and could that be read as consent to stay on? Is the tenant's stay willful, meaning they were told in writing to leave and refused? Write the answers in the tenant file with dates before you start a possession action. A clean record helps if you later ask for the higher holdover amount the statute allows. Remember that the thirty day notice is measured to a rental date, so a notice that is a few days short pushes the end date to the following month.

Using DoorKeeping in Nebraska

DoorKeeping tracks the end date of each lease and the rental dates behind a 30 day notice, so you can see the earliest date a notice can take effect. If a tenant stays on, the file records whether you accepted rent, which is the fact that decides consent. Your money stays in your own account. This is general information, not legal advice. Check the current statute or ask a local attorney before you rely on it.

Sources

1. Nebraska Revised Statute 76-1437, Periodic tenancy; holdover remedies (Nebraska Legislature), read Oct 30, 2026

Questions

How much notice ends a month-to-month tenancy in Nebraska?

Written notice at least thirty days before the periodic rental date named in the notice.

What can a Nebraska landlord recover from a willful holdover?

Possession, plus up to three months' periodic rent or threefold actual damages, whichever is greater, and reasonable attorney's fees.

Does Nebraska require notice before an automatic renewal?

Section 76-1437 does not address automatic renewal.