Can my landlord evict me if I invoke the domestic violence lease-breaking law?

No. Once you've properly invoked Nebraska Revised Statute Section 42-928 with documentation, your landlord can't evict you for lease termination. They also can't retaliate against you for asserting your rights. If they attempt eviction anyway, that's illegal retaliation, and you can sue them for damages.

Do both people on the lease have to leave, or can one person stay?

Only the person experiencing domestic violence can terminate the lease using this statute. If you're the only one invoking it, you can leave while your co-tenant stays and remains responsible for rent—or you can both leave if that's what you choose. The law is designed to protect the survivor, not automatically void the entire lease.

What if I don't have a police report or official documentation?

You'll need some form of documentation to make Nebraska's law work for you. A written statement from a domestic violence counselor, healthcare provider, or advocate counts—it doesn't have to be law enforcement. If you're in a shelter or receiving services, ask the organization to provide a written statement confirming you sought assistance due to domestic violence.

Domestic Violence Lease Breaking Laws in Nebraska

Why this matters right now

Sarah's been staying with her boyfriend for two years, and they're both on the lease. Last month, things got bad—really bad—and she had to leave for her safety. Now she's in a shelter wondering if she's still legally responsible for rent payments on an apartment she can't go back to.

The lease says she's on the hook for another eight months. (More on this below.) She's terrified that if she breaks the lease, her credit gets destroyed and she'll owe thousands of dollars. But here's what she doesn't know yet: Nebraska has laws that might protect her from exactly this situation.

Does Nebraska actually protect domestic violence survivors on leases?

The short answer: yes, but it's not automatic, and you've got to follow specific steps. Nebraska Revised Statute Section 42-928 is the law that protects you, and honestly, it's one of the more tenant-friendly domestic violence protections in the country. The thing is, a lot of landlords don't know about it, and a lot of survivors don't either, which means people end up paying rent they legally don't owe.

Here's how it works. If you're experiencing domestic violence, sexual assault, or stalking, you can terminate your lease early without the normal financial penalties. You won't owe the rest of the rent, and your landlord can't sue you for breaking the lease or charge you an early termination fee. That's huge because it means you're not choosing between your safety and your wallet.

What exactly counts as domestic violence under Nebraska law?

Nebraska's definition is pretty broad, which actually works in your favor. It includes intimate partner violence, but it also includes stalking and sexual assault—so you're not limited to just people you lived with romantically. The law covers current and former intimate partners, and it even extends to family members and anyone you've had a significant relationship with. — which is exactly why this matters

The important part for your lease is that you need documented evidence. You'll need police reports, protective/restraining orders, court documents, or written statements from a domestic violence counselor, healthcare provider, or law enforcement officer. Without documentation, your landlord can't legally verify your claim, and that's when things get messy financially.

What are the actual steps you need to take?

Look, you can't just stop paying rent and tell your landlord "I'm leaving because of domestic violence." Nebraska requires you to follow a specific process, and getting this right protects you legally and financially.

First, you need to give your landlord written notice. This notice has to include your intent to terminate the lease due to domestic violence, a copy of the documentation I mentioned above (the police report, restraining order, or counselor statement), and your move-out date. The move-out date should be within 30 days of when you give notice—you don't get to stay months longer rent-free, but you also don't have to stay stuck in an unsafe situation while searching for a place.

Send this notice certified mail, return receipt requested. This creates a paper trail showing your landlord received it and when they received it. Keep a copy for yourself and every email or letter exchange with your landlord. If there's ever a dispute about money later, that documentation is your protection.

What about money you've already paid or deposits?

Here's where the financial stuff gets real. Once your lease is legally terminated under Nebraska's domestic violence statute, you don't owe future rent. But anything you've already paid stays paid—you won't get a refund for rent already rendered. Your security deposit, though, is a different animal entirely. Your landlord still has to follow Nebraska's standard security deposit rules, which means they can't just keep it.

If your landlord wrongfully deducts from your deposit or doesn't return it within 30 days of your move-out, they owe you the deposit amount plus damages. In Nebraska, that damage penalty can be up to three times the wrongfully withheld amount, plus court costs. So if your deposit was $500 and your landlord illegally kept it, you could theoretically recover $1,500 plus fees. That's the kind of financial protection Nebraska built in.

What if your landlord ignores the law?

Some landlords will push back. They might keep trying to collect rent, report you to collections, or threaten eviction even after you've given proper notice. That's illegal under Nebraska law, and it's also retaliation, which has its own legal consequences for them. You can file a complaint with the Nebraska Attorney General's office, and you can also file a civil suit against your landlord for violating the statute.

The financial protection here is real: if you have to take legal action and you win, you can recover actual damages plus punitive damages. You might also recover attorney's fees if the court decides the landlord acted in bad faith. Basically, Nebraska makes it expensive for landlords to ignore this law, which incentivizes them to follow it in the first place.

What to do right now

If you're in this situation, your first move is documenting everything. Get a police report if there isn't one already, or get a statement from a counselor at a domestic violence shelter—places like the Voices of Hope hotline (1-888-506-1556 in Nebraska) can help connect you to services that'll document your situation. Then write that certified letter to your landlord with your termination notice and documentation attached. Keep copies of everything. Finally, reach out to a local legal aid organization—Legal Aid of Nebraska offers free help to low-income survivors, and they've handled these cases before.