If the landlord breaches a term of the lease or fails to maintain or repair the unit and fulfill his obligations listed in Landlords Obligations , one possible option for the tenant is what is called a 14/30-day notice. This notice states that if the breach is not solved in the next 14 days, then the lease between the tenant and landlord will end in 30 days. So if you serve or mail a 14/30-day notice to the landlord on the 31st and the problem is not solved by the 14th, then the lease would end on the 30th. You can change the notice so that the lease will end in more than 30 days. If the landlord fixes the problem within 14 days of receiving the notice, then the tenant must continue with the lease. But before sending a 14/30-day notice, be prepared to move out in 30 days. If the landlord fails to fix the problem in the 14 days, your right to live in the unit expires at the 30 day mark.
A tenant most commonly services a 14/30-day notice because of the landlord has failed or refused to fix a maintenance problem in the unit. BUT, a tenant cannot serve a 14/30-day notice for a problem that was caused intentionally or negligently by the tenant, a family member, or guest. (You act negligently when you fail to use the care and caution a reasonable person would in the same situation with the same knowledge you possessed. If the problem was caused in any way by you, your family, or a guest, get legal advice before serving your landlord with a 14/30-day notice.) Click here for a sample 14-Day/30-Day notice to the landlord.
The tenant’s 14/30-day notice also contains a 6-month “probation” period. If the landlord breaches the lease in the same way within 6 months of the first 14-day/30-day notice, the tenant may choose to terminate the lease without giving the landlord an opportunity to fix the problem. To terminate the lease, the tenant serves a notice informing the landlord of how the landlord 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. Click here for a sample 14-Day notice to the landlord.
What to do if you think a 14/30-Day Notice of Breach of the Lease may be appropriate:
First, be prepared to move out in 30 days. If the landlord does not fix the problem within 14 days of your notice, your right to occupy the unit will end 30 days after your notice (or on the later date you put in the notice). This means you have to move out. If you will not be able to move out within this time, you should speak with an attorney about your other options.
Second, make sure your notice contains all the required information. Read Nebraska Statute 76-1425(1), and include the following: 1) How the landlord breached the lease, 2) the date you are serving the notice, and 3) a statement that the lease will terminate on a date 30 days from the date of the notice (if you want a date later than 30 days, you should say what date) unless the landlord fixes the problem within 14 days of the notice.
It is strongly recommended you call Community Action’s Tenant Services Specialist (402-875-9353) before you give a 14/30-day notice, or consult Legal Help.
