A lease agreement is a written contract whose performance by both parties, landlord and tenant, is outlined in the agreement. Early termination of a lease agreement will be a breach of the agreement, with few exceptions. Of course, a landlord can always allow a tenant to break a lease early - that is up to the landlord. However, the legal right for a tenant to break a lease will be written into the lease agreement and will reflect the state’s statutes. Nebraska has a few exceptions where early termination is allowed by the tenant.
Conditions where the tenant can terminate early include:
- Material noncompliance of the rental agreement by landlord that affects health and safety.
- Premises is damaged or destroyed by fire or casualty (and not the tenant’s fault) where occupancy and use is substantially impaired.
- Landlord unlawfully tries to exclude or remove the tenant from the premises, or shuts off or interrupts electric, gas, water, or other essential services in an effort to force the tenant out.
- Unlawful entry by landlord, or repeated entry or demands for entry by landlord in an attempt to harass the tenant.