76-1437 Periodic tenancy; holdover remedies. - Nebraska Statutes

76-1437. Periodic tenancy; holdover remedies.(1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days prior to the termination date specified in the notice.(2) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.(3) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord, in addition, may recover an amount not more than three months' periodic rent or threefold the actual damages sustained by him, whichever is greater, and reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, subsection (4) of section 76-1414 applies. SourceLaws 1974, LB 293, § 37. AnnotationsAn action to recover possession of real property from a tenant who remains in possession without the landlord's consent after a lease has expired or been terminated under this section is an action for the possession of real property and is therefore subject to the 10-year statute of limitations for the possession of real property as provided in section 25-202. A cause of action to recover possession of real property from a tenant under this section accrues at the point the lease expires or is terminated and the tenant remains in possession of the property without the consent of the landlord. Blankenau v. Landess, 261 Neb. 906, 626 N.W.2d 588 (2001).